Cassation principles Administrative Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,339 available principles
Search this collectionوظائف إشرافية
Principle 1164Conditions for election to membership of the board of directors of joint-stock companies. They do not include a requirement that the candidate not be a public employee. The implication thereof. Combining public employmenAdministrative Law · Source page 341وظائف عامة
Principle 1168The general rule is that an employee’s taking leave is subject to the administrative authority’s discretion, without judicial review thereof. The exception. It has no latitude in this regard if its conduct entails deprivAdministrative Law · Source page 342التأمينات الاجتماعية
Principle 1171Expediting the resolution of disputes concerning the Social Insurance Law. - The time limit for challenging the decision of the Grievances Committee: the two cases in which this time limit begins. - Expiry of the thirty-Administrative Law · Source page 344- Principle 1172Rights established pursuant to the provisions of the Social Security Law may not be pursued by action until they have been claimed from the Institution in writing within five years from the date on which they are deemed Administrative Law · Source page 344
- Principle 1174Kuwaitis who first founded the homeland. The legislature defined them pursuant to Articles 1/1, 2 of Law No. 15 of 1959 concerning Nationality, as amended. - Kuwaiti nationality. Every person born to a Kuwaiti father is Administrative Law · Source page 345
- Principle 1175The Court of Appeal has jurisdiction to hear actions brought by military personnel to claim their rights relating to pensions and retirement gratuities, to amend those rights, or to challenge decisions issued by the GrieAdministrative Law · Source page 345
- Principle 1177The person concerned must claim in writing from the Public Institution for Social Security any entitlements prescribed in the Social Security Law within five years from the date these entitlements are considered - 345 - Administrative Law · Source page 345
- بوجه عام
Principle 1181The State’s application of the health insurance system to foreigners residing in the country. Its purpose. Overcoming the difficulties and drawbacks it faces in financing health services. The consequence thereof. GrantinAdministrative Law · Source page 347- Principle 1182Procedures for an administrative grievance against an administrative decision. The authority receiving the grievance must enter it in a special register and give the complainant a receipt indicating the grievance number Administrative Law · Source page 349
- Principle 1183The defect of abuse of power. Its meaning. Proof rests upon the person alleging it. Example.Administrative Law · Source page 349
- Principle 1184Ascertaining the facts and interpreting contracts. Within the authority of the court of merits. - 349 - AdministrativeAdministrative Law · Source page 349
- Principle 1185The defect of abuse or misuse of power that justifies annulment of an administrative decision or compensation therefor. Its meaning. It must be proved. Assessing whether or not it is established. Within the authority of Administrative Law · Source page 350
- Principle 1186Administrative investigation. Its nature. Its purpose: identifying disciplinary violations and responsibility for them. The safeguards to be followed in respect thereof.Administrative Law · Source page 350
- Principle 1187The event from which the limitation period begins. Assessment of its establishment is a factual matter, provided it is reasonable. An example concerning financial differences in the housing allowance.Administrative Law · Source page 350
- Principle 1188Judgments annulling an administrative decision. Have binding force in rem against everyone. - The dispute in an annulment action. Its nature.Administrative Law · Source page 350
- Principle 1193An administrative decision. Presumed valid unless evidence to the contrary is established. The burden of proving the contrary. Upon the person harmed by the decision, unless deprived of the means of doing so by the adminAdministrative Law · Source page 351
- Principle 1194The defect of abuse and misuse of power that justifies annulment of an administrative decision. One of the intentional defects. What this requires. The administrative authority must have departed from the public interestAdministrative Law · Source page 351
- Principle 1195Judicial review of decisions issued pursuant to the administration's discretionary authority. Its limit. Ascertaining that they were issued for reasons of public interest and are not tainted by abuse of power. This is anAdministrative Law · Source page 351
- Principle 1199Inferring the fault giving rise to liability and the causal relationship between it and the damage. A factual matter independently determined by the judge of fact. Provided the inference is reasonable.Administrative Law · Source page 352
- Principle 1200Recourse to the decisive oath as evidence before the administrative judiciary. Impermissible. The reason therefor: its incompatibility with the nature and procedures of administrative proceedings, and the exclusion of diAdministrative Law · Source page 352
- Principle 1202The administrative authority’s expression of its will. Its manner. Either through decisions issued by it pursuant to discretionary authority conferred by law, or pursuant to a bound authority in which it has no freedom oAdministrative Law · Source page 353
- Principle 1203The union’s legal inception, its acquisition of the right to conduct its activities, and its publication in the Official Gazette. What the legislature requires for this to occur. - The administrative authority’s acceptanAdministrative Law · Source page 353
- Principle 1205The right to complain and report disciplinary violations. Guaranteed to the employee in the interest of safeguarding the public interest. The condition for this. The reporting person must be certain of the truth of what Administrative Law · Source page 354
- قرينة الاستقالة الضمنية للموظف
Principle 1208A judgment staying implementation of an administrative decision pending determination of the application for annulment. Temporary by nature. Its legal existence ceases and all its effects disappear upon adjudication of tAdministrative Law · Source page 354- Principle 1209Termination of an employee's service by implied resignation. If he is absent from work without permission and his absence reaches either of the two limits prescribed in Article 81 of the Civil Service Decree. The implicaAdministrative Law · Source page 355
- Principle 1210An employee's absence from work for more than fifteen days. A presumption of implied resignation. The basis therefor. Art. 81 of the Civil Service Regulations. Its rebuttal by proof of another reason for the absence. - TAdministrative Law · Source page 355
- Principle 1211An employee's absence from work without permission for fifteen consecutive days or thirty non-consecutive days within twelve months. A presumption of implied resignation. The administrative authority, in accordance with Administrative Law · Source page 355
- عدم رد الإدارة على التظلم من القرار الإداري كقرينة على رفضه
Principle 1212The board of directors of sports clubs must hold at least twelve ordinary meetings per year. Its failure to convene for three consecutive months. A presumption of its desire to resign, its failure to exercise its functioAdministrative Law · Source page 355- Principle 1213The lapse of the time interval between the grievance against the administrative decision and the administration's failure to respond. A presumption of implied rejection.Administrative Law · Source page 356
- Principle 1214Bringing an action for annulment of administrative decisions. Its time limit. Interruption of this time limit by the administrative grievance that must be lodged before bringing it. Failure of the competent authority to Administrative Law · Source page 356
- Principle 1215The time limit for bringing an annulment action. Sixty days. This time limit is interrupted by an administrative grievance, which must be made before bringing the action. Subsequent expiry of the time limit without a resAdministrative Law · Source page 356
- قرينة حجية الأمر المقضي
Principle 1217Action for annulment of administrative decisions. Its time limit. Sixty days. Interruption of this time limit by an administrative grievance to the authority issuing the decision or its principal authorities. Expiry of tAdministrative Law · Source page 357- Principle 1218A prior ruling on a fundamental issue acquires res judicata authority and prevents the litigants from disputing it again in the second judgment whenever it forms the basis of the rights each party asserts against the othAdministrative Law · Source page 357
- قرينة حجية الحكم الجنائي الصادر على الموظف في إنهاء خدمته
Principle 1219The very same issue, where it is comprehensive and overarching, and its establishment or non-establishment results in a ruling establishing or negating the particular right sought in the action. That ruling acquires the Administrative Law · Source page 357الخبرة
Principle 1221The court's confidence in the report of the expert appointed in the case because of the soundness of the investigations on which it was based, in which the appellant's objections were discussed and addressed with a rebutAdministrative Law · Source page 358- Principle 1223A material defence. The court must address it and state its opinion thereon. This defence must be founded on a fact for which evidence has been established in accordance with the requirements prescribed for that purpose Administrative Law · Source page 358
- Principle 1224An expert's opinion is no more than one element of evidence. Assessment thereof. For the court of merits. It may adopt or reject the expert's opinion so long as its inference is reasonable. - The challenged judgment corrAdministrative Law · Source page 359
قرائن
Principle 1228A private instrument derives its probative force from the signature upon it and constitutes evidence of its contents against the signatory. His denial of this probative force by alleging that the signature upon it was prAdministrative Law · Source page 359- عبء الإثبات
Principle 1229The burden of proof rests upon the claimant. Applying this rule without qualification is not appropriate in administrative disputes. The reason: the administration’s obligation to produce all papers and documents relatinAdministrative Law · Source page 360- Principle 1231The rule against retroactivity of administrative decisions is complemented by the rule requiring individuals to have knowledge of decisions capable of affecting their legal positions. The reason: administrative decisionsAdministrative Law · Source page 360
- Principle 1232Inferring the existence or absence of an employment relationship. Within the authority of the court of merits so long as its inference is sound. The court has authority to assess the documents submitted to it and weigh tAdministrative Law · Source page 360
- Principle 1233The administration is not obliged to give reasons for its decisions except where the law so requires. A decision without stated reasons. Presumed to rest on its proper basis. Whoever alleges otherwise must furnish proof Administrative Law · Source page 361
- Principle 1235Capacity to litigate is a matter of public policy. Whoever asserts its absence must establish evidence thereof. An example.Administrative Law · Source page 361
التظلم
Principle 1238A request to include a previous period of service. Among the rights established pursuant to the provisions of the Social Security Law. Challenging the decision issued concerning it by the Social Security Institution. TheAdministrative Law · Source page 365- Principle 1239The provision in Social Insurance Law 61 of 1976 requiring that the Social Insurance Institution be requested in writing to grant the rights prescribed by that Law and that a grievance be lodged against its decision in tAdministrative Law · Source page 365
- Principle 1240The period of 30 days following submission of the grievance to the Grievances Committee at the Public Institution for Social Security. Its expiry without a decision on the grievance. A legal presumption that a decision rAdministrative Law · Source page 365
- Principle 1241Submission of a grievance against an administrative decision within the statutory time limit. The determining consideration therein.Administrative Law · Source page 365
- Principle 1242Procedures for lodging a grievance against an administrative decision. The authority receiving the grievance must enter it in a special register and give the complainant a receipt stating the grievance number and the datAdministrative Law · Source page 365
- Principle 1243Applications to annul administrative decisions are admissible only after a grievance against them has been submitted to the authority that issued them or its superior authority and the prescribed periods for deciding theAdministrative Law · Source page
- Principle 1244The Public Prosecution’s decision prohibiting a person referred to the Criminal Court on charges of embezzlement and unlawful profiteering from travelling. A judicial act. It falls outside the jurisdiction of the AdminisAdministrative Law · Source page