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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Principle 880The constituent assembly of each trade union. Its competence to establish its regulations, including the powers of the general assembly, the composition of its board of directors, the conditions of membership therein, anAdministrative Law · Source page 268- Principle 881Ministry of Social Affairs. Its powers in relation to workers' and employers' unions. Their nature. Supervision of elections conducted by unions' general assemblies for members of their boards of directors. Its inclusionAdministrative Law · Source page 269
- Principle 882A trade union is deemed legally established upon deposit of the duly completed founding papers required by law with the Ministry of Social Affairs and Labour. The Ministry’s obligation to publicize the union in the OfficAdministrative Law · Source page 269
- تعريف الموظف العام
Principle 883The legal coming into existence of a trade union, its acquisition of the right to conduct its activities, and its publication in the Official Gazette. What the legislature requires for this to be fulfilled. - The adminisAdministrative Law · Source page 269- Principle 884The provision in the Labour and Private Sector Law for workers' right to trade union organisation and its application to labour and the government sector. Its inapplicability to personnel of the Petroleum Corporation. ReAdministrative Law · Source page 270
- Principle 885A civilian employee is one who occupies a civilian position in government entities, including the Ministry of Interior, even if the position is of a professional nature, so long as it is removed from purely military actiAdministrative Law · Source page 270
- علاقة الموظف العام بالحكومة
Principle 886The official instrument. The meaning of a public official with regard to drawing up commercial company contracts. - The public employee’s relationship with the government:-Administrative Law · Source page 270- Principle 887The employee’s governmental relationship. A regulatory relationship governed by laws and regulations. Official status confers upon the employee a general legal position whose regulation is subject to what those laws presAdministrative Law · Source page 270
- Principle 888The employee's relationship with the Government. Regulatory. His acceptance of the contract concluded with the administration is merely submission to the provisions governing the post. - 270 - Administrative - AppointmenAdministrative Law · Source page 270
- Principle 889The Civil Service Law is the general law regulating civil service provisions in the State. Its application encompasses administrative entities whose service affairs are regulated by special laws in matters for which no sAdministrative Law · Source page 271
- Principle 890The rules established by the Civil Service Council concerning appointment under temporary contracts. Mandatory rules from which no departure or agreement to the contrary is permissible. - The employment contract of a pubAdministrative Law · Source page 271
- Principle 891The administration’s power to amend the contract is the principal characteristic of administrative contracts. Its implication. Its right to amend the contract during its performance whenever the needs of the public serviAdministrative Law · Source page 271
- Principle 892Serving employees appointed under temporary contracts. Their subjection to it, provisions enacted by the Civil Service Council, without invoking the rule that the contract is the law of the contracting parties. - 271 - AAdministrative Law · Source page 271
- لجنة شئون الموظفين
Principle 894No fault attaches to the Personnel Affairs Committee if it takes previous penalties into account when assessing an employee’s competence. The condition thereof. It must be established that a penalty was imposed on the emAdministrative Law · Source page 272- Principle 895The public employee. His performance is to be evaluated at least once a year, and the report submitted concerning him is presented to the Personnel Affairs Committee for approval. The employee concerning whom a report haAdministrative Law · Source page 272
- مسئولية الإدارة عن القرارات الصادرة في شأن الموظفين
Principle 896The administrative authority’s power to appoint or promote to vacant positions. Its condition. The restrictions prescribed by law and the specific regulatory rules by which the administration binds itself. - Promotion deAdministrative Law · Source page 273- الاختصاص بنظر طلبات إلغاء القرارات المتعلقة بالموظفين
Principle 897The administration's liability for administrative decisions issued concerning public employees. Its source is the law. The basis for this. Its effect. An action for compensation in respect thereof is barred by ordinary pAdministrative Law · Source page 273- Principle 898An action to annul an administrative decision. An action in rem. Its subject is challenging the administrative decision itself. - A ruling that an action to annul an administrative decision is inadmissible on the basis tAdministrative Law · Source page 274
- Principle 899The Administrative Circuit of the Court of First Instance. Its jurisdiction regarding applications for annulment of administrative decisions concerning civil servants. Confined to applications for annulment of decisions Administrative Law · Source page 274
- Principle 900Actions for annulment of administrative decisions concerning appointment to civil public positions, promotion, termination of civil employees’ services or imposition of disciplinary sanctions upon them. Condition for theAdministrative Law · Source page 274
- Principle 901The Administrative Circuit’s jurisdiction in the field of annulment of administrative decisions concerning civil employees. Its scope. Limited to applications to annul decisions on appointment, promotion, termination of Administrative Law · Source page 274
- تعيين الموظف
Principle 902Joining the army is through military service, voluntary enlistment, or appointment under the conditions and procedures specified by laws, decrees, and implementing decisions. - A volunteer is every Kuwaiti who has adopteAdministrative Law · Source page 274- Principle 903Non-Kuwaitis may be appointed to posts only temporarily and by contract, and the provisions of the Civil Service Law apply to them in matters for which there is no special provision in the contracts concluded with them. Administrative Law · Source page 275
- Principle 904Appointment to permanent government posts pursuant to the 3 contracts annexed to the Civil Service Council's decision. Use of the first of them was suspended after liberation. The person competent to sign the second contAdministrative Law · Source page 275
- Principle 905Enacting rules governing 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 binding on aAdministrative Law · Source page 275
- Principle 906Selection of those whom the administration considers suitable to occupy a position. It enjoys broad discretionary authority in that regard. What does not limit this authority. An example concerning appointment from outsiAdministrative Law · Source page 276
- Principle 908Public office. Appointment thereto. The matter is left to the administrative authority. The condition and limits thereof.Administrative Law · Source page 276
- Principle 909The administrative authority's power to appoint to vacant positions. Subject to statutory restrictions and regulatory rules.Administrative Law · Source page 276
- Principle 911Appointment to a public position. Its condition. Obtaining the qualification required to occupy it and consistent with its nature. The Civil Service Council determines the levels of academic qualifications necessary for Administrative Law · Source page 277
- Principle 912The rules and provisions concerning temporary appointment through contracting and the forms with which government entities must comply when so contracting. The law entrusted these to the Civil Service Council. All entitiAdministrative Law · Source page 277
- Principle 913The employment contract. An administrative contract under which the employee undertakes, under the administration’s supervision, the responsibilities and burdens of his position in return for obtaining a number of rightsAdministrative Law · Source page 277
- الندب والنقل
Principle 918The Administrative Circuit's jurisdiction in relation to applications for annulment of administrative decisions concerning public employees. Limited to decisions concerning appointment, promotion, termination of service,Administrative Law · Source page 279- Principle 919The jurisdiction of the Administrative Circuit of the Court of First Instance to annul administrative decisions. Limited to decisions concerning appointment, promotion, termination of service, and imposition of disciplinAdministrative Law · Source page 279
- Principle 920Decisions to second and transfer employees. They fall outside the jurisdiction of the Administrative Circuit. Provided that they do not contain within them a decision falling within the jurisdiction of that Circuit, suchAdministrative Law · Source page 280
- Principle 921An employee’s claim to an acquired right to work at a particular place or remain in a particular position held by appointment or temporary assignment. Not permissible. The reason therefor: he occupies a general legal staAdministrative Law · Source page 280
- Principle 922An employee may not claim an acquired right to work in a particular place or in a particular position by appointment or secondment. The reason for this: the administration's authority to transfer the employee from one poAdministrative Law · Source page 280
- Principle 923An employee may not, in principle, claim an acquired right to work in a particular place or to remain in a particular position he holds by appointment or secondment. The basis thereof.Administrative Law · Source page 280
- Principle 924Secondment of an employee to perform the duties of another post in the government entity in which the employee works. Its condition: it must not be to a grade lower than the original post, and the secondment period must Administrative Law · Source page 280
- Principle 925The temporary assignment of an employee. Its nature: assigning him to perform the duties of another post on a temporary basis. He acquires no right to that post or to promotion thereto, even if he satisfies the conditionAdministrative Law · Source page 281
- Principle 926Jurisdiction of the Administrative Circuit in the field of applications for annulment of administrative decisions concerning civilian employees. Its limitation to applications for annulment of decisions concerning appoinAdministrative Law · Source page 281
- Principle 928Decisions assigning civilian employees on temporary duty. They fall outside the Administrative Circuit's jurisdiction whenever, through those decisions, the administrative authority intended to produce the legal effect iAdministrative Law · Source page 281
- الإعارة
Principle 929Applications for annulment of decisions temporarily assigning employees. Outside the jurisdiction of the Administrative Circuit. Criterion: where the administrative authority intended those decisions to produce the legalAdministrative Law · Source page 282- المرتب
Principle 930The employee secondment system. Its basis, purpose and means. Continuation, cancellation, renewal or termination of secondment are among the powers accorded to the administration and fall within its discretionary authoriAdministrative Law · Source page 282- الترقية
Principle 931Entitlement to the employee's salary. The determining consideration is what it includes in allowances and bonuses for the post to which he is appointed, in light of which his individual legal position is settled, as deteAdministrative Law · Source page 283- Principle 933Promotion by selection. A right of the administration. Its condition. When it is vitiated and the decision taken on its basis is vitiated. - The defect of abuse of power justifying annulment of an administrative decisionAdministrative Law · Source page 283
- Principle 934Promotion by selection. The general rule is that it is a matter of administrative discretion. The condition thereof. Its assessment must not be tainted by abuse of power, and its selection must derive from sound elementsAdministrative Law · Source page 283
- Principle 935An employee's promotion is what occurs to him. By way of a change in his legal status that advances him ahead of others in the ranks of the career ladder. It includes his appointment to a higher financial grade and a posAdministrative Law · Source page 283
- Principle 937Promotion by selection. Among the matters of expediency in which the administration has discretion. Its condition. Its assessment must not be tainted by abuse of power. Example.Administrative Law · Source page 284
- Principle 940Issuance of a judgment annulling an administrative decision insofar as it included the female respondent in promotion, on the basis that the more senior employee must be promoted and that the female respondent was seniorAdministrative Law · Source page 284
- Principle 941Promotion by selection. The general rule is that it is a matter of expediency within the administration's discretion. The condition for this. Its assessment must not be tainted by abuse of power, and its selection must hAdministrative Law · Source page