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. التظلم

    Principle 1249Procedures for submitting a grievance against administrative decisions and deciding it. How this is done. - 366 - AdministrativeAdministrative Law · Source page 366
  2. Principle 1251Time limit for bringing an action. Only the first grievance counts for interrupting it. The basis therefor. Example.Administrative Law · Source page 367
  3. Principle 1252The time limit for challenging administrative decisions. Sixty days. This time limit is interrupted by the administrative grievance that must be submitted before bringing an annulment action and awaiting the expiry of thAdministrative Law · Source page 367
  4. Principle 1253An action to annul administrative decisions. Its time limit: sixty days. This time limit is interrupted by the administrative grievance which the law requires to be submitted before bringing it. Expiry of the period for Administrative Law · Source page 367
  5. Principle 1255The time limit for challenging administrative decisions by an annulment action. Sixty days from the date the person concerned is notified of the decision. The time limit is interrupted by an administrative grievance. - EAdministrative Law · Source page 367
  6. Principle 1256Determination of an application submitted to the Social Insurance Institution for any right prescribed under the Social Insurance Law, or of a grievance against the decision it issues on the application. - 367 - AdministAdministrative Law · Source page 367
  7. Principle 1257The time limit for challenging an administrative decision by annulment. Its nature. Interruption of this time limit by the administrative grievance that must be made before bringing the annulment action. Failure to respoAdministrative Law · Source page 368
  8. Principle 1259Bringing an action for annulment of administrative decisions. Its time limit. Interruption of the running of this time limit by the administrative grievance that must be made before bringing it. The competent authority'sAdministrative Law · Source page 368
  9. Principle 1261The right of access to the courts. Guaranteed by the Constitution to all people, so that it is not withheld from some of them, nor are they prevented from enjoying its full dimensions. The legislature may regulate the exAdministrative Law · Source page 368
  10. Principle 1264Rights established pursuant to the provisions of the Social Insurance Law may not be the subject of an action except after claiming them from the Institution in writing within five years from the date on which they are dAdministrative Law · Source page 369
  11. Principle 1266A grievance may be lodged against any disciplinary decision imposed on employees of Kuwait Airways Corporation, including decisions issued by the disciplinary board. The basis for this: the provision is general and may nAdministrative Law · Source page 370
  12. Principle 1268The time limit for bringing an administrative action is a matter of public order. The court must observe it of its own motion, verify the grounds interrupting the time limit, and assess the administrative authority’s conAdministrative Law · Source page 370

  13. اختصاص الدائرة الإدارية

    Principle 1274The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions even if brought as principal actions and not ancillary to an annulment action. - Law No. 61 of 82 amending Administrative Law · Source page 373
  14. Principle 1275With the issuance of Decree-Law No. 20/1981 AD, amended by Law No. 61/1982 AD, jurisdiction to hear disputes concerning the rights prescribed in the Social Insurance Law became vested in the Administrative Circuit, ratheAdministrative Law · Source page 373
  15. Principle 1277Decisions issued concerning nationality matters. Their exclusion from the jurisdiction of the courts. The effect thereof. The Administrative Circuit lacks jurisdiction to annul the decision issued in that regard.Administrative Law · Source page 373
  16. Principle 1278Jurisdiction of the Administrative Circuit in the field of applications to annul administrative decisions relating to public employees. Limited to decisions concerning appointment, promotion, termination of service and iAdministrative Law · Source page 373
  17. Principle 1279The Administrative Circuit has jurisdiction to hear administrative disputes, including those concerning salaries.Administrative Law · Source page 374
  18. Principle 1280The Administrative Circuit of the Court of First Instance. Its jurisdiction over applications for annulment is conditional upon their subject being an administrative decision.Administrative Law · Source page 374
  19. Principle 1281The administrative judiciary’s jurisdiction over administrative contracts. Its criterion. - The Administrative Circuit’s jurisdiction over administrative contracts is not confined to the contracts specified in Article 2 Administrative Law · Source page 374
  20. Principle 1282The jurisdiction of the Administrative Circuit of the Court of First Instance to annul administrative decisions. Its restriction to decisions concerning appointment, promotion, termination of service, and imposition of dAdministrative Law · Source page 374
  21. Principle 1283The administrative decision. Its nature. Its distinction from a material act in that it must be preceded or accompanied by an intention to create a particular legal status, whereas a material act is always a material facAdministrative Law · Source page 374
  22. Principle 1285Decisions seconding and transferring employees. Their exclusion from the jurisdiction of the Administrative Circuit. Its condition. They must not contain within them a decision falling within that Circuit's jurisdiction,Administrative Law · Source page 374
  23. Principle 1286The administrative decision. Its definition and what distinguishes it from a material act. Material acts fall outside the jurisdiction of the Administrative Circuit. An example of what is not considered an administrativeAdministrative Law · Source page 375
  24. Principle 1287Actions for annulment of administrative decisions appointing persons to public civil posts, promoting them, terminating the service of civil servants, or imposing disciplinary measures on them. The condition for their adAdministrative Law · Source page 375
  25. Principle 1288The jurisdiction of the Administrative Chamber. Its relation to public order. Its jurisdiction over contracts. Its criterion: the contract must be administrative.Administrative Law · Source page 375
  26. Principle 1289The conditions necessary for a contract to be considered administrative: one of its parties must be a public legal person contracting in its capacity as a public authority; it must relate to the activity of a public servAdministrative Law · Source page 375
  27. Principle 1290The Administrative Circuit of the Court of First Instance. Its jurisdiction over applications to annul administrative decisions concerning civil employees. Limited to applications to annul decisions concerning appointmenAdministrative Law · Source page 375
  28. Principle 1292The jurisdiction of the Administrative Circuit of the Court of First Instance over an application to annul an administrative decision transferring an employee. Its condition. - An administrative transfer decision issued Administrative Law · Source page 376
  29. Principle 1293Decisions transferring and seconding employees. Outside the jurisdiction of the Administrative Disputes Chamber. The condition for that is that their purpose be to achieve the public interest. Absence of this purpose andAdministrative Law · Source page 376
  30. Principle 1294Jurisdiction of the Administrative Chamber of the Court of First Instance. Its scope. Disputes concerning administrative decisions, individual or regulatory. The criterion in those disputes. Its implication. - The ConstiAdministrative Law · Source page 376
  31. Principle 1295The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to adjudicate actions for compensation for damage arising from defective decisions, even if brought before it as original actions inAdministrative Law · Source page 376
  32. Principle 1296The subcontractor's direct action against the employer and the preferential right granted to him over what is owed by the latter to the main contractor. Jurisdiction to hear it falls outside the jurisdiction of the AdminAdministrative Law · Source page 377
  33. Principle 1297Offences of embezzlement of State funds and damage occurring before Law 1/1993 took effect. Their continued subjection to the provisions concerning them in Articles 44. 45. 47. 48. of Law 31/1970 amending the provisions Administrative Law · Source page 377
  34. Principle 1298Ownership action. Jurisdiction over it lies with the civil circuit, not the administrative circuit.Administrative Law · Source page 377
  35. Principle 1299Invoking a ground relating to public policy for the first time before the Court of Cassation. Its condition. It must be established that all the elements enabling the court of merits, of its own motion, to comprehend andAdministrative Law · Source page 377
  36. Principle 1300The determining factor in establishing the jurisdiction of the judicial authority is the claims made by the plaintiff in his action.Administrative Law · Source page 377
  37. Principle 1301Judicial acts and administrative acts issued by the Public Prosecution. The criterion for distinguishing between them. - Challenging a judicial act issued by the Public Prosecution. The manner thereof: lodging a grievancAdministrative Law · Source page 377
  38. Principle 1302Disputes within the jurisdiction of the Administrative Circuit of the Court of First Instance. Their nature. - The administrative authority’s refusal to take a decision required by laws and regulations. A negative adminiAdministrative Law · Source page 378
  39. Principle 1303Status as a public employee. Its criterion. - A marriage officiant is deemed a public employee. Implication thereof. The decision terminating his service is considered an administrative decision. Challenging it by way ofAdministrative Law · Source page 378
  40. Principle 1304The ordinary judiciary has general judicial jurisdiction, except where excluded by an express provision. - Jurisdiction of the judicial body. The criterion for determining it. The relief sought by the claimant. - JurisdiAdministrative Law · Source page 378
  41. Principle 1305The court's obligation to give the action its correct legal characterization without being bound by the litigants' characterization of it. - The Administrative Circuit's jurisdiction to hear disputes concerning salaries.Administrative Law · Source page 378
  42. Principle 1308The jurisdiction of the Administrative Circuit of the Court of First Instance over applications for annulment of administrative decisions relating to civil servants. Its criterion.Administrative Law · Source page 379
  43. Principle 1309The legislature vested the Administrative Circuit of the Court of First Instance exclusively with jurisdiction to adjudicate administrative disputes. The arbitral tribunal lacks jurisdiction to hear arbitration proceedinAdministrative Law · Source page 379
  44. Principle 1311The criterion for the administrative judiciary’s jurisdiction to hear disputes concerning civil servants is the establishment of employee status in accordance with laws and regulations.Administrative Law · Source page 379
  45. Principle 1313Jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions. To what it is confined. Applications to annul decisions concerning employees' secondment anAdministrative Law · Source page 379
  46. Principle 1314Claims for compensation brought by individuals for damage arising from defective administrative decisions. Fall within the jurisdiction of the Administrative Circuit. - 379 - AdministrativeAdministrative Law · Source page 379
  47. Principle 1315The administrative authority’s refusal to take a decision required by a law or regulation. It is deemed an administrative decision. - The Central Bank of Kuwait is authorized to purchase the total difficult debts owed byAdministrative Law · Source page 380
  48. Principle 1316The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications for annulment. When they are admissible. The rationale. Administrative grievance. Mandatory. Example. - PerformanceAdministrative Law · Source page 380
  49. Principle 1317The Administrative Disputes Circuit of the Court of First Instance. Matters within its jurisdiction. Its jurisdiction is subject-matter jurisdiction. A plea concerning it relates to public order. - Disputes over militaryAdministrative Law · Source page
  50. Principle 1318Administrative disputes relating to the affairs of civil employees. Fall within the jurisdiction of the Administrative Circuit of the Court of First Instance. It has jurisdiction therein over annulment and compensation. Administrative Law · Source page
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