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 collectionفي مسائل الخدمة المدنية
Principle 53The legislature has not specified or exhaustively enumerated the crimes considered prejudicial to honor or trustworthiness. The court of merits may assess this in light of a general criterion requiring that the crime be Administrative Law · Source page 20- Principle 54The Civil Service Council alone is competent to issue interpretations binding on government entities concerning civil service legislation and the allocation of government housing to employees. - The Civil Service CouncilAdministrative Law · Source page 20
- Principle 55Positions are filled by appointment, promotion, transfer, or secondment. - Appointment. How it is effected. - An employee appointed by contract. The provisions of the Civil Service Law apply to him in matters not specifiAdministrative Law · Source page 20
- Principle 56Government entity. Its meaning in the Civil Service Law: every ministry, department or administrative unit whose budget is included in or annexed to the State's general budget. - Positions are filled by appointment, promAdministrative Law · Source page 20
- Principle 57Contracting with non-Kuwaitis for posts that do not require a specialized qualification, simple technical posts, support posts, and typing posts may only be under a fixed-salary contract. Other posts. They are filled undAdministrative Law · Source page 21
- Principle 58The employment contract. An administrative contract between the administrative authority and an individual intended to produce a particular legal effect. The provisions of administrative contracts are the primary basis fAdministrative Law · Source page 21
- Principle 59Posts are filled by appointment, promotion, transfer, or secondment. Appointment: how it is made. Non-Kuwaitis may be appointed only on a temporary basis and by contract. The applicable law in this regard is Law 15 of 19Administrative Law · Source page 21
- Principle 60The Civil Service Council alone is competent to issue interpretations binding on government authorities concerning civil service legislation and the allocation of government dwellings to employees. - The Civil Service CoAdministrative Law · Source page 21
- Principle 61Secondment of an employee to undertake temporarily the duties of another position in the government entity in which he works. Its condition: it must not be to a grade lower than his original position, and the secondment Administrative Law · Source page 22
- Principle 64Attachment of the Audit Bureau to the National Assembly. Its purpose. To ensure independence and safeguards for its employees and shield them from suspected influence. - The President of the Audit Bureau. His vesting witAdministrative Law · Source page 23
- Principle 65Withdrawal of the decision terminating the respondent’s service and deeming it never to have existed. Its implication: the employment relationship is deemed to continue with all its effects, except the employee’s right tAdministrative Law · Source page 23
- Principle 66An employee’s absence from work for more than fifteen days. A presumption of implied resignation. Its basis. Article 81 of the Civil Service Regulations. Its rebuttal by proof of another reason for the absence. - AuthoriAdministrative Law · Source page 23
- Principle 67A female employee married to an employee working at the Ministry of Foreign Affairs or to one of those dispatched by other government entities on representative missions. She is entitled to special leave on half salary tAdministrative Law · Source page 23
- Principle 68Periodic leave. Granted only upon the employee’s request. An employee may not use more than ninety days of accrued periodic leave in a single year. Upon termination of service, a cash allowance is paid for the remaining Administrative Law · Source page 24
- Principle 69A resignation request is merely an employee’s wish to leave his position voluntarily, by his own choice, and permanently; it is a right permitted to him, restricted by considerations relating to the public interest. In rAdministrative Law · Source page 24
- Principle 70Limitation of an employee's right to claim the financial entitlements prescribed for the employee upon the expiry of 1 year from the date of learning of these entitlements or 5 years from the date of entitlement, whichevAdministrative Law · Source page 24
- Principle 71The appointment of non-Kuwaitis may only be temporary and by contract. The provisions of the Civil Service Law and the Civil Service Regulations apply only to matters for which no special provision is made in the contracAdministrative Law · Source page 25
- Principle 72Specialist positions are engineering positions requiring a university qualification for appointment. Support positions are positions of an engineering nature requiring a qualification below university level or a trainingAdministrative Law · Source page 25
- Principle 74Issuance of a decision promoting a person to the post of department director before the lapse of the ten years required by Civil Service Council Decision No. 25 of 2006 concerning the conditions for occupying supervisoryAdministrative Law · Source page 26
- Principle 75A grievance against administrative decisions: all its papers are sent to the Department of Legal Advice and Legislation accompanied by the opinion of the administrative authority that issued the administrative decision. Administrative Law · Source page 26
- Principle 76Service of statements of claim in administrative actions is effected at the headquarters of the Department of Fatwa and Legislation, which is entrusted with appearing on behalf of the Government to defend it. Signing theAdministrative Law · Source page 26
- Principle 77The meaning of Article 3 of Law 19 of 2000 concerning the support of national labour and encouraging it to work in government entities is that the condition for an employee in government entities to retain the acquired rAdministrative Law · Source page 26
- Principle 78Retention of the benefit of an employee in government entities continuing to receive a children’s allowance exceeding the maximum after the issuance of Law No. 19 of 2000 requires that the employee be in the service of tAdministrative Law · Source page 27
- Principle 80The assignment of a particular competence to an administrative authority by law. Its effect. It may not be relinquished or delegated. The reason therefor: exercising the competence is a duty upon it, not a right belonginAdministrative Law · Source page 27
في مسائل العسكريين
Principle 82Procedural rules relating to judicial organization, including procedures for bringing and hearing actions before the courts and matters affecting the course of proceedings therein. Their subjection to the law of the counAdministrative Law · Source page 28- Principle 83The provisions of the Civil Service Law. Their inapplicability to military personnel of the army, police and National Guard. - Appointment of non-Kuwaitis to army posts. May only be temporary and by contract. The provisiAdministrative Law · Source page 29
في مسائل التعليم العالي وهيئات التدريس بالجامعات
Principle 84Joining the army is through military service, voluntary enlistment, or appointment under the conditions and procedures prescribed by laws, decrees, and implementing decisions. - A volunteer is every Kuwaiti who has adoptAdministrative Law · Source page 29في مسائل الموظفين الفنيين بديوان المحاسبة
Principle 85The existence of a special law. Its effect. No recourse to the provisions of the general law except as regards provisions not regulated by the special law. The reason for this. A special legal rule does not repeal generaAdministrative Law · Source page 30- Principle 86The existence of a special law. Its effect. No recourse to the provisions of the general law except as to provisions omitted by the special law. The reason therefor. It is impermissible to disregard the special in order Administrative Law · Source page 30
في مسائل قيد الشركات التجارية بالسجل التجاري
Principle 87Technical employees of the Audit Bureau. The legislature established a special legal regime for them covering their appointment, discipline and termination of service. The implication thereof. The provisions contained inAdministrative Law · Source page 31في مسائل التأمينات الاجتماعية
Principle 88The requirement of the law obliging the administrative authority to take a particular course is that the interested party attach certain documents. His failure to submit these documents despite the administrative authoriAdministrative Law · Source page 31- Principle 89The right to a pension where the underlying entitlement thereto exists in law. Constitutes an obligation upon the entity against which it is established, arising as its liability by operation of law. - Treating loss of KAdministrative Law · Source page 32
في مسائل الضرائب
Principle 90Registration pursuant to the provisions of Parts Three and Five of the Social Insurance Law is undertaken by the Public Institution for Social Security. Its adherence therein to the provisions of this Law. The reason theAdministrative Law · Source page 32في مسائل قوة الشرطة
Principle 92The judge must refer to the statutory provision governing the dispute in the action. - Statutory provisions that are clear in meaning. It is impermissible to adopt anything contrary to them, restrict them, add to them, oAdministrative Law · Source page 33- تعريف القرار الإداري وأركانه وشروطه
Principle 93Recourse 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. RAdministrative Law · Source page 33- Principle 94The declaration and undertaking drawn up by the employer on the Ministry of Social Affairs and Labour form for the worker's residence is made only in connection with the employment relationship. The administration does nAdministrative Law · Source page 37
- Principle 95Administrative decision. Its meaning. Filing a grievance against it. Does not detract from the completeness of its constituent features and elements. - An employee’s performance appraisal report, from the date of its appAdministrative Law · Source page 37
- Principle 96An administrative decision. Its meaning. Addressing it by annulment, stay of execution, or interpretation falls outside the courts' jurisdiction under Article 2 of Amiri Decree 19 of 1959. The female appellant's claim toAdministrative Law · Source page 38
- Principle 97The meaning of grounds and subject matter in an administrative decision. - The administration is not obliged to state reasons for its decision. If it states reasons for its decision, they are subject to judicial review. Administrative Law · Source page 38
- Principle 98The administrative decision. Its validity is presumed unless evidence to the contrary is established. Example: issuance of the Minister of Health’s decision forming the Medical Licensing Committee, followed by a subsequeAdministrative Law · Source page 38
- Principle 100State-owned industrial plots are not public property but are the State’s private property. Dealings therein are subject to the provisions of private law. Contracts concluded concerning them are not considered administratAdministrative Law · Source page 38
- Principle 101An administrative decision. Its nature. And its non-existence. An example of a non-existent decision. - An employee's implied resignation. Its nature. The employee's service does not end in the case of this resignation aAdministrative Law · Source page 38
- Principle 102Assessment of an employee's efficiency as excellent or weak. Its condition. His immediate superior's report must include manifestations of excellence or signs of weakness, and the opinion of the next person responsible fAdministrative Law · Source page 39
- Principle 104The decision accepting resignation. By whom it is issued if the employee holds a position in the leadership positions group, and by whom in respect of other positions. Article 6/2 of the Civil Service Law and its legislaAdministrative Law · Source page 39
- Principle 105An administrative decision. Its contravention of the law strips it of its administrative character. - Cause is an essential element in the formation of an administrative decision. It must rest on a factual or legal situaAdministrative Law · Source page 39
- Principle 106An administrative decision must rest upon a justifying ground. The ground. Its nature. The ground for an administrative decision stated by the administration is subject to review by the administrative judiciary. DeparturAdministrative Law · Source page 39
- Principle 107The administrative decision. Its nature. What suffices for it to satisfy its constituent requirements. The implementing decision not subject to annulment jurisdiction. Its nature. One implementing a preceding decision.Administrative Law · Source page 40
- Principle 108The ground for an administrative decision. Its nature. - The general rule is that the administration is not obliged to give reasons for its administrative decisions, but if it states reasons for them, it is subject in thAdministrative Law · Source page 40
- Principle 109A decision referring an employee to retirement. Its condition. The employee must be entitled to a retirement pension if the employee's service were to end by resignation at the time of such referral. Absence of this condAdministrative Law · Source page 40
- Principle 111Administrative decision. Its definition and constituent elements. Its loss of its character as an administrative decision. The effect thereof. Its becoming a mere material act that becomes a mere material obstacle undeseAdministrative Law · Source page