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 collectionاختصاص الدائرة الإدارية
Principle 1319Subject-matter jurisdiction. Its determination. The criterion is the relief sought by the plaintiff in his action. - The administrative decision disputes concerning which fall within the jurisdiction of the AdministrativAdministrative Law · Source page 380- Principle 1321The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications to annul decisions seconding and transferring employees. These fall outside that jurisdiction unless they entail a Administrative Law · Source page 381
- Principle 1322An administrative decision is that by which the administrative authority expresses its binding will, pursuant to its powers under laws and regulations, with the intention of producing a particular legal effect, whenever Administrative Law · Source page 381
- Principle 1325Decisions issued by the administrative authority to express its will in performing its function. Their issuance by it is based either on discretionary power or on bound power in which there is no freedom of assessment; rAdministrative Law · Source page 382
- Principle 1327An administrative decision. Its nature. It is that by which the administration expresses its binding will through the authority it possesses to produce a particular legal effect, whenever this is possible and legally perAdministrative Law · Source page 382
- Principle 1328Judicial jurisdiction. The rule is that it belongs to the ordinary judiciary. An exception is confined to its extent, without expansion. - The Administrative Circuit of the Court of First Instance. Its exclusive jurisdicAdministrative Law · Source page 383
- Principle 1329Jurisdiction by reason of the type of action. Its relation to public policy. The effect thereof. It is deemed to exist in the proceedings and to be perpetually before the court, which may rule on it of its own motion, anAdministrative Law · Source page 383
- Principle 1330The court of merits, in order to determine its jurisdiction to adjudicate the dispute, may characterize the claims in the action, understand them according to their true nature, and give them their proper description witAdministrative Law · Source page 384
- Principle 1333Public markets allocated for public benefit. Their occupation is in return for a fee, not rent, and pursuant to temporary licences that are not binding upon the licensing authority, which may cancel or revoke them beforeAdministrative Law · Source page 385
- Principle 1334A plea of lack of jurisdiction as to judicial authority or subject matter. A matter of public order. The implication thereof. It is deemed to be before the court, which may rule on it of its own motion. - The appellant’sAdministrative Law · Source page 385
- Principle 1337The Commercial Chamber of the Court of First Instance ruling that it lacks subject-matter jurisdiction to hear the action and referring it in its existing state to the Administrative Chamber of the Court of First InstancAdministrative Law · Source page 386
- Principle 1340Grounds relating to public order. The litigants, the Public Prosecution and the court may raise them of their own motion in a cassation appeal, even if they were not previously invoked before the court of merits or in thAdministrative Law · Source page 386
- Principle 1341The administrative judiciary. Its jurisdiction over administrative contracts derives from the relationships they contain that fall within the fields of public law. - Not all contracts concluded by the administration are Administrative Law · Source page 387
- Principle 1343Administrative acts and decisions. The principle is their subjection to judicial review and the prohibition on immunizing them against such review. The exception. This prohibition may not be interpreted expansively or exAdministrative Law · Source page 387
- Principle 1345An adjustment action in which the employee claims his right derived directly from the law. The claim therein is not bound by the time limits for an annulment action. The Administrative Circuit has jurisdiction to hear itAdministrative Law · Source page 388
- Principle 1346Disputes arising between the administrative authority and the other contracting party in administrative contracts generally. The Administrative Circuit has jurisdiction to determine them. - An employment contract. An admAdministrative Law · Source page 388
- Principle 1347The Public Authority for the Assessment of Compensation for Losses Resulting from the Iraqi Aggression. Its competence to inventory the damage resulting therefrom, assess the losses suffered by injured parties as a resulAdministrative Law · Source page 388
- Principle 1348Jurisdiction of the Administrative Circuit of the Court of First Instance. Subject-matter jurisdiction. Its relation to public order. - Determination of the subject-matter jurisdiction of each judicial body. The determinAdministrative Law · Source page 389
- Principle 1349The Administrative Circuit ruling that it lacks jurisdiction to hear the dispute on the ground that the appellant is a member of the police force affiliated with the Ministry of Interior and that its jurisdiction is confAdministrative Law · Source page 389
- Principle 1350Determining the subject-matter jurisdiction of each judicial body. The determining consideration is the relief sought by the plaintiff in his action. - The administrative decision falling within the jurisdiction of the AAdministrative Law · Source page 389
- Principle 1354The exclusive jurisdiction of the Administrative Circuit of the Court of First Instance to hear disputes concerning administrative decisions, whether individual or regulatory, where the challenge to them is based on a deAdministrative Law · Source page 390
- Principle 1356Decisions issued seconding civil servants. Their exclusion from the jurisdiction of the Administrative Circuit whenever the administrative authority intended, through those decisions, to produce the legal effect intendedAdministrative Law · Source page 391
- Principle 135885- Decisions issued by the administrative authority in tax disputes. They are administrative decisions. - Tax Appeals Committee. An administrative committee with judicial competence to adjudicate a dispute between the tAdministrative Law · Source page 391
- Principle 1359Jurisdiction of the Administrative Circuit of the Court of First Instance over applications to annul administrative decisions concerning civil servants. Its restriction to applications to annul decisions on appointment, Administrative Law · Source page 392
- Principle 1362Jurisdiction of the Administrative Circuit. It encompasses both annulment and compensation jurisdiction. - The administrative authority’s refusal to take a decision required by a law or regulation. It is deemed an adminiAdministrative Law · Source page 393
- Principle 1363Applications for annulment of decisions seconding employees. Their exclusion from the jurisdiction of the Administrative Circuit. The criterion: whenever the administrative authority intended through those decisions to pAdministrative Law · Source page 393
- Principle 1364Jurisdiction to annul administrative decisions vested in the Administrative Circuit. Its restriction to the decisions specified in Article (1) of Law 20 of 1981 establishing an administrative circuit at the Court of FirsAdministrative Law · Source page 393
- اختصاص دائرة طلبات رجال القضاء بمحكمة التمييز
Principle 1365The university’s refusal to issue a decision concerning sending the female appellant as a scholarship mission member to study abroad in accordance with the notification of the Scholarships Committee constitutes a negativAdministrative Law · Source page 393- Principle 1366Applications by members of the judiciary and the Public Prosecution before the cassation circuit entrusted with hearing them. Its connection with a matter concerning members of the judiciary and the Public Prosecution. PAdministrative Law · Source page 394
- Principle 1367Acts of sovereignty. Their nature. Courts may not examine them. Determining what constitutes acts of sovereignty and falls outside judicial review is within the authority of the courts. The impossibility of members of thAdministrative Law · Source page 394
- Principle 1368The State's right to take the measures necessary to safeguard its supreme interests and ensure its security. Derived from international law. The implication of that. It may deport undesirable foreigners or prevent their Administrative Law · Source page 394
التظلمات بالمؤسسة العامة للتأمينات الاجتماعية
Principle 1369Jurisdiction of the Cassation Circuit entrusted with hearing administrative appeals to adjudicate applications by members of the judiciary and the Public Prosecution for annulment of final administrative decisions issuedAdministrative Law · Source page 394- الاختصاص بتحديد ما يعد من أعمال السيادة
Principle 1372The legislature's not providing a definition or specification of acts of sovereignty that courts are prohibited from hearing. Its import: leaving their determination to the judiciary, contenting itself with declaring theAdministrative Law · Source page 396- المصلحة في الدعوى الإدارية
Principle 1378Interest in an action to annul an administrative decision passing over an employee for promotion. For its existence, it suffices that the decision affect the financial and moral interests of the employee passed over. LeaAdministrative Law · Source page 398- Principle 1379Interest is a necessary condition for the admissibility of an action. The existence of a direct personal interest of its claimant suffices in annulment actions. The reason: the proceedings therein are objective and are pAdministrative Law · Source page 398
- Principle 1380A direct personal interest. A condition for the admissibility of an action to annul an administrative decision, as an action of an objective nature aimed at challenging the decision itself. This extends to every annulmenAdministrative Law · Source page 398
- من حيث موضوعها
Principle 1382A claim or defense in which its proponent has no existing interest recognized by law. Its inadmissibility. - Interest in an appeal. Its absence where the appeal is based on an ineffective ground or on a ground which, eveAdministrative Law · Source page 399- Principle 1383The scope of the action is determined by the litigants' claims therein. The criterion in this regard is the final claims presented before the court of merits. No account is taken of the claims included in the statement oAdministrative Law · Source page 399
- من حيث أطرافها
Principle 1384The determining factor in identifying a litigant's claims in an action is the relief he requests in express and unequivocal terms to protect a legal position he asserts against his opponent. Assessment thereof. Within thAdministrative Law · Source page 400- Principle 1385Joinder in an administrative action requires that the action be directed against the administrative authority having the proper standing. It is permissible to join a person connected with the subject matter of the litigaAdministrative Law · Source page 400
- إجراءات رفع الدعوى
Principle 1386The court of merits may assess a request to join a third party to the action to produce documents in his possession. It may disregard it whenever it finds in the action sufficient evidence and indications to form its conAdministrative Law · Source page 400- تكييف الدعوى الإدارية
Principle 1388The parties' characterisation of their claims in the action does not bind the court or prevent it from understanding their purposes and giving the claims their correct description and legal characterisation.Administrative Law · Source page 401- بوجه عام
Principle 1389The court of merits has authority to identify the action and ascertain the meaning of the agreements and evidence submitted therein. Its adherence to the claims presented in the action. In this regard, it may adjudicate Administrative Law · Source page 401- Principle 1390The time limit for bringing an administrative action is a matter of public order. The court must observe it of its own motion, ascertain the grounds interrupting the time limit, and assess the administrative authority’s Administrative Law · Source page 401
- Principle 139118- Naming parties in an administrative action: the action must be directed against the administrative authority having standing. It is permissible to join a person connected with the subject matter of the dispute and coAdministrative Law · Source page 401
- دعوى الإلغاء
Principle 1392The notice of appeal lodged by the Government and public institutions against judgments rendered in administrative actions must be signed by a member of the Department of Legal Advice and Legislation. No particular form Administrative Law · Source page 401- Principle 1393An action for annulment of an administrative decision. An action in rem whose subject is a challenge to the administrative decision itself. - A ruling that an action for annulment of an administrative decision is inadmisAdministrative Law · Source page 402
- Principle 1394The time limit for bringing an annulment action. The general rule regarding its commencement where a grievance has been lodged against the decision. The passage of sixty days after submission of the grievance without a rAdministrative Law · Source page 402
- Principle 1395The legally nonexistent administrative decision and its meaning. The administration’s right to withdraw it at any time because it has descended to the level of nonexistence. - The voidable administrative decision. Its meAdministrative Law · Source page
- Principle 1396Administrative decisions susceptible to challenge by annulment. Their nature. An administrative decision may be negative.Administrative Law · Source page