المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Administrative Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles

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  1. - بوجه عام

    Principle 683The doctrine of the act of the sovereign. Its condition: the issuance of a general or special measure by the contracting administrative authority that was unforeseen at the time of contracting and results in damage partiAdministrative Law · Source page 181
  2. Principle 684The administration’s refusal to take a decision required by a law or regulation is deemed an administrative decision. Its silence regarding a decision that the law leaves entirely to its discretion. Does not constitute aAdministrative Law · Source page 182
  3. Principle 686Jurisdiction of the Administrative Circuit of the Court of First Instance. Its scope. Disputes concerning administrative decisions, whether individual or regulatory. The criterion in those disputes. Its implication is thAdministrative Law · Source page 182
  4. Principle 687The Basic Regulations for the Course System at Kuwait University. The notional period for graduation. Eight regular academic semesters for all programs in which the number of academic units exceeds 131 units. The academiAdministrative Law · Source page 182
  5. Principle 688Demanding that the scholarship recipient repay what was spent on him during the scholarship. Its basis and limits. Art. 14 of the Scholarship Regulations issued by Civil Service Council Decision 12 of 1980.Administrative Law · Source page 182
  6. Principle 689The Executive Regulations of Law 41/1993 concerning the State's purchase of certain debts and the manner of their collection. Delegation to the Council of Ministers to issue them. The reason for this. - 182 - AdministratAdministrative Law · Source page 182
  7. Principle 690The Board of Directors of Kuwait Airways Corporation may issue decisions, internal regulations, and decisions relating to the Corporation’s financial, administrative, and technical affairs without being bound by governmeAdministrative Law · Source page 183
  8. Principle 691The Bureau of the National Assembly. Its competence to exercise the powers conferred by laws and regulations on the Personnel Bureau in relation to the affairs of its employees. The implication thereof. It may establish Administrative Law · Source page 183
  9. Principle 692The regulations governing the dispatch of university teaching assistants on scholarships. They fixed the original period for obtaining master’s and doctoral degrees at five years, extendable for one year with the same saAdministrative Law · Source page 183
  10. Principle 693The permissibility of lodging a grievance against any disciplinary decision imposed on employees of Kuwait Airways Corporation, including decisions issued by the Disciplinary Board. The basis thereof: the provision is exAdministrative Law · Source page 183
  11. Principle 694Obtaining the higher qualification in the specialization is not, by itself, a sufficient condition for appointment to the position of assistant professor. The remaining prescribed conditions must be satisfied, including Administrative Law · Source page 183
  12. Principle 695Kuwait Airways Corporation. A public institution among public-law persons, administered by a board of directors whose legally specified powers include issuing decisions concerning the appointment, promotion, transfer andAdministrative Law · Source page 184
  13. Principle 696The administration has no power to grant a public employee rights exceeding those conferred by the public service system. Reason therefor: the employee’s status derives from the laws and regulations governing it.Administrative Law · Source page 184
  14. Principle 697The purpose of a scholarship mission or study leave pursuant to Article Two of the Scholarship Missions Regulations. Its nature.Administrative Law · Source page 184
  15. Principle 700The Municipality’s competence, pursuant to its Establishment Law No. 15 of 1972—which governs the facts of the dispute—and Minister of Municipal Affairs Decision No. 26 of 1992 concerning premises, issued in implementatiAdministrative Law · Source page 185
  16. Principle 705Punishing an employee by dismissal. Its effect: termination of his service from the date of his suspension. Article 44 of the Service Regulations of Kuwait Airways Corporation.Administrative Law · Source page 187

  17. مجلس الوزراء

    Principle 708The scope of the appeal. Determined by the claims submitted that were previously raised before the court of first instance. Those not submitted on appeal become final and acquire res judicata effect that prevails over coAdministrative Law · Source page 189
  18. Principle 709The content of a statutory provision. Includes the meaning derived from its spirit, without being confined to the meaning conveyed by its words and expressions in themselves. - The Executive Regulations of Law 41/1993 coAdministrative Law · Source page 193
  19. Principle 710State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it otherwise than by public auction. The administrative authority has complete freedom toAdministrative Law · Source page 193
  20. Principle 712Exploitation of real property privately owned by the State. It is effected under a lease or a temporary licence to use, evidenced in writing and specifying the rights and obligations of both parties and the essential conAdministrative Law · Source page 193
  21. Principle 713The executive authority, represented by the Council of Ministers, is the authority overseeing the interests of the State. The directives of that authority address the competent ministers to issue administrative decisionsAdministrative Law · Source page 194
  22. Principle 714The Government's obligation to pay a social allowance and a children’s allowance to practitioners of professions and trades and to those working in all entities, and the Council of Ministers shall issue the decisions regAdministrative Law · Source page 194

  23. ديوان الخدمة المدنية

    Principle 717The rules and provisions governing temporary appointment of employees by contract. Delegation to the Civil Service Council to formulate them in forms to which government authorities must adhere. - A public employee's empAdministrative Law · Source page 203
  24. Principle 718Enacting rules and provisions for temporary appointment by contract. Within the authority of the Civil Service Council pursuant to a delegation by law. The effect thereof. These provisions and rules are mandatory and binAdministrative Law · Source page 203
  25. Principle 719A decision issued by the Civil Service Council. The competence of the Personnel Bureau is confined to issuing instructions for its implementation. Its issuance of a circular restricting entitlement to the housing allowanAdministrative Law · Source page 203
  26. Principle 720The criterion for holding the administration liable in compensation for its decisions. Its nature. - Establishing fault giving rise to liability. A matter of fact, provided the inference is reasonable. Example concerningAdministrative Law · Source page 203
  27. Principle 722Demanding that the scholarship recipient repay what was spent on him during the scholarship. Its basis. Cancellation of the scholarship or failure to serve the State for the prescribed period. Article 14 of the ScholarshAdministrative Law · Source page 204
  28. Principle 723The absence of work by an employee because he is on authorized leave. Its effect. His efficiency during the leave period is assessed by carrying forward the last report he received before the leave. This is not altered bAdministrative Law · Source page 204
  29. Principle 725The Civil Service Council. Authorized to establish the rules and provisions for temporary appointment by contract and to embody them in forms which governmental authorities subject to the Civil Service Law must observe aAdministrative Law · Source page 205
  30. Principle 726The special legislation on higher education permits university faculty members and teaching assistants who were appointed at the university and had held government positions to retain the last salary they received in theAdministrative Law · Source page 205
  31. Principle 727Appointment to a public post. Its condition. Obtaining the qualification required to occupy it, consistent with its nature. The Civil Service Council determines the levels of educational qualifications necessary for appoAdministrative Law · Source page 206
  32. Principle 730The rules and provisions concerning temporary appointment by contractual means and the forms to which government bodies must adhere when so contracting. The law entrusted them to the Civil Service Council. All bodies to Administrative Law · Source page 207
  33. Principle 732A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: declaring its invalidity, terminating its enforceability, and treating it as though it had never existed. It is binding upon eAdministrative Law · Source page 207
  34. Principle 733Acquisition of Kuwaiti nationality by a non-Kuwaiti employee appointed under one of the contracts in use. Its effect: transfer to the Kuwaiti category and adjustment of employment status either by transfer at the same emAdministrative Law · Source page 208
  35. Principle 734The employee’s right to claim the financial entitlements prescribed for him. Becomes time-barred upon the lapse of five years from the date of entitlement or one year from the date of his knowledge thereof, whichever perAdministrative Law · Source page 208
  36. Principle 735The administrative authority's power to promote to higher posts. Its condition. - Impediments to promotion are reasons pertaining to the employee that prevent promotion. The condition and reason therefor. - Initiating prAdministrative Law · Source page 208
  37. Principle 736The cash allowance for government housing is a right of everyone to whom government housing has been allocated by the administrative authority for which he works and who continued to occupy it without objection from the Administrative Law · Source page 209
  38. Principle 737The basis for holders of the special posts of the Legal Department of Kuwait Municipality, or those appointed therein to general-cadre posts, to benefit pursuant to Civil Service Council Decision No. 3 of 1983, as amendeAdministrative Law · Source page 209
  39. Principle 738A Kuwaiti female employee is entitled to a social allowance for her children, whether born to a Kuwaiti or a foreign father. Condition: she supports her children from the date of their father's death or his incapacity toAdministrative Law · Source page 209
  40. Principle 740The Civil Service Council’s determination of a housing allowance for categories of employees appointed to grades down to the fourth grade. Its implication: employees appointed to grades below this grade are not entitled Administrative Law · Source page 210

  41. ديوان المحاسبة

    Principle 744The President of the State Audit Bureau. His powers with respect to Bureau employees are the same as a minister’s powers with respect to employees of his ministry, and he has the authority of the Minister of Finance and Administrative Law · Source page 212
  42. Principle 745The existence of a special law. Its effect. No recourse to the provisions of the general law except as regards provisions omitted by the special law. The reason for this. The special may not be disregarded in order to apAdministrative Law · Source page 212
  43. Principle 746The authority to refer employees of the State Audit Bureau for investigation. Restricted to the President of the Bureau or his delegate. An employee may not be disciplined except on the basis of this investigation. DisciAdministrative Law · Source page 212

  44. ديوان الموظفين

    Principle 748Approval by the Personnel Bureau is a condition for employing personnel possessing qualifications needed by the country and allocating government housing to them. Such approval is not required regarding entitlement to hoAdministrative Law · Source page 214
  45. Principle 749Appointment of non-Kuwaitis to government authorities on a temporary basis. Applicability of the provisions of the Civil Service Law, the Decree on the Civil Service System and Personnel Bureau circulars. Their entitlemeAdministrative Law · Source page 214
  46. Principle 751The criteria established by the competent minister in agreement with the Personnel Bureau to establish whether or not an employee subject to a probationary period is suitable. Their purpose. Ensuring the realization of tAdministrative Law · Source page 214
  47. Principle 752The end-of-service gratuity due to employees who were in service on 1/8/1990 and with whom contracts were concluded pursuant to the instructions contained in Circular 2 of 1991. Deferral of its payment until the end of -Administrative Law · Source page 214

  48. الهيئة العامة لشئون الزراعة والثروة السمكية

    Principle 757The Kuwait Investment Authority. Termination of an employee's service therein by resignation during the contract's term or by his or the Authority's expression of a wish not to renew the contract within the agreed time lAdministrative Law · Source page 219
  49. Principle 758The matter of granting licences for fishing vessels in territorial waters, renewing them, prohibiting their issuance, determining the number of vessels, and assessing whether or not a necessity exists for issuing new licAdministrative Law · Source page 219
  50. Principle 760State property. The right of the Council of Ministers and the Public Authority for Agriculture Affairs and Fish Resources to lease it otherwise than by public auction. The administrative authority has absolute freedom toAdministrative Law · Source page
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