Kuwait Court of Cassation principle number 93

Recourse to the legal provision applicable to the facts of the case within the bounds of the provision’s clear wording. Obligatory upon the judge. It is impermissible to adopt anything contrary to it or to restrict it. Reason therefor. - Determination of the meaning of salary on the basis of which the end-of-service gratuity for volunteers in the police force is calculated. Its criterion. - The provision in Law 23 of 1968 concerning the Police Force System that the provisions of the law and retirement pensions and gratuities apply to Kuwaiti military personnel subject to this Law, to the exclusion of others, when settling their retirement entitlements after the end of their service. Its import. Its inapplicability to a non-Kuwaiti. It is impermissible to invoke the decision of the Gulf Cooperation Council States concerning equality. Reason therefor. A judgment’s contravention thereof requires its cassation. - 33 - Administrative - 34 - Administrative The administrative decision - Definition of an administrative decision, its constituent elements, and its conditions. - What does not constitute an administrative decision. - Distinction between an administrative decision and acts of sovereignty. - Distinction between an administrative decision and administrative acts. - The administrative decision and the material act. - The ground for an administrative decision and the motive behind it. - Competence to issue an administrative decision. - Delegation in issuing an administrative decision. - The administration’s discretion as to expediency in issuing an administrative decision. - Effect of an administrative decision. - Defects of an administrative decision. - Unconstitutionality of an administrative decision. - Non-retroactivity of an administrative decision. - Equality in administrative decisions. - Withdrawal and correction of an administrative decision. - Implementation of an administrative decision. - Immunity of an administrative decision from challenge. - Knowledge of an administrative decision that starts the time limit for appeal. - Publication and proof of an administrative decision. - Grievance against an administrative decision. - The extent to which administrative decisions may be challenged by annulment proceedings. - Nullity and non-existence of an administrative decision. - Jurisdiction over disputes relating to administrative decisions. - The administration’s liability for its administrative decisions – the unlawful decision. - Judicial review of the legality of an administrative decision. - Action for annulment of an administrative decision. - Legal characterization of an administrative decision. - 35 - Administrative - Action for compensation for administrative decisions. - Abstract comprehensive annulment of an administrative decision and partial annulment. - Burden of proving the material existence of an administrative decision. - Burden of proving defects in an administrative decision. - Stay of implementation of an administrative decision. - An administrative decision issued by a lower authority contradicting what a higher authority has issued. - The administrative decision and the judicial act. - The administrative decision and the financial appropriation. - The Council of Ministers’ objection to certain administrative decisions. - Types of administrative decisions:- 1- The positive administrative decision and the negative decision. 2- The constitutive administrative decision and the implementing decision. 3- The continuing administrative decision. 4- The administrative decision not susceptible to an annulment challenge. 5- The administrative decision tainted by a minor defect. 6- The individual administrative decision. 7- The regulatory administrative decision. 8- The administrative decision of a punitive nature. 9- The administrative decision issued by circulation. 10- The administrative decision concerning equivalency of academic qualifications. 11- The administrative decision concerning missions. 12- The administrative decision concerning expropriation, allocation, and usufruct. 13- The administrative decision issued by bodies having judicial jurisdiction. 14- Decisions concerning the public employee:-. - Concerning the employee’s promotion. - Concerning the employee’s leave. - Concerning the employee’s temporary assignment. - Concerning the employee’s discipline. - Concerning the precautionary suspension of the public employee. - 36 - Administrative - Concerning transfer. - Concerning increments. - Concerning housing allowance. - Concerning receipt of salary. - The administrative decision concerning applications by members of the judiciary. - The administrative tax decision. - The administrative decision issued concerning newspapers. - The administrative decision concerning artistic works. - The administrative decision in the field of building works. - Decisions issued by the Kuwait Stock Exchange Committee. - Review of the administrative decision. - Judicial review of the administrative decision. 3- The administrative decision - Definition of an administrative decision, its constituent elements, and its conditions:-