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 1574An administrative decision is that by which the administrative authority expresses its binding will, under the authority vested in it by laws and regulations, with the intention of producing a specific legal effect, wherAdministrative Law · Source page 452- Principle 1575The administrative decision disputes concerning which fall within the jurisdiction of the Administrative Circuit of the Court of First Instance. Its nature. - Correct understanding of an administrative decision. Within tAdministrative Law · Source page 452
- Principle 1576Understanding the acts or decisions issued by the administrative authority and giving them their true legal characterization. Within the trial court’s authority. It is not bound in this respect by the descriptions assignAdministrative Law · Source page 453
- Principle 1578Certain knowledge of the administrative decision from which the time limits for challenge or grievance begin. Its meaning. The person concerned’s knowledge of the substance and purport of the decision, whatever the sourcAdministrative Law · Source page 453
- Principle 1582Review of the validity of the reasons for issuing an administrative decision. Within the power of the court of the merits. The condition thereof. - The legal characterization and description of an administrative decisionAdministrative Law · Source page 454
- Principle 1583Selecting the appropriate penalty for the administrative wrongdoing. Within the authority of the administrative authority. The condition for this. An example concerning failure to establish that the decision was issued tAdministrative Law · Source page 454
- Principle 1584Verification of the validity of the grounds upon which an employee's efficiency assessment was based. A question of fact for the court of merits. Its condition. The judgment basing its ruling annulling the respondent's eAdministrative Law · Source page 454
- Principle 1585The judiciary may verify the grounds of the decision, the correctness of the facts on which it was based, the correctness of their legal characterisation, and the appropriateness of the penalty and its proportionality toAdministrative Law · Source page 454
- Principle 1586The court of merits may examine and assess the facts on which the administrative decision was based to ascertain its conformity with the law. It has the authority to adopt the conclusions of the expert report submitted iAdministrative Law · Source page 454
- Principle 1587Certain knowledge of the administrative decision, from which the time limits for challenging it by annulment begin to run, is complete and comprehensive knowledge of all its elements. The reason for this: that the personAdministrative Law · Source page 454
- Principle 1590The trial court may ascertain the true nature of the challenged decision, understand its substance, and give it its true description and proper legal characterization. Inferring the fault giving rise to the administrativAdministrative Law · Source page 455
- سلطتها في تحديد ما يُعد من أعمال السيادة
Principle 1592Ascertaining the true nature of the contested decision and giving it its correct characterization. Within the authority of the court of merits, without review. Its condition: basing its ruling on reasonable grounds leadiAdministrative Law · Source page 456- Principle 1593Acts of sovereignty. The elements distinguishing them from ordinary administrative acts. Their nature. The legislature left their determination to the judiciary. - A worker's request to transfer his sponsorship to anotheAdministrative Law · Source page 456
- سلطتها في تفسير العقود والمحررات
Principle 1596The court of merits has authority to interpret the wording of an instrument as it considers most faithful to the intention of its contracting parties. It is not subject to review where its interpretation is one that its Administrative Law · Source page 457- Principle 1600The court hearing the merits has the power to interpret the formulations and expressions of instruments and contracts and to ascertain the existence of the employment relationship. It may ascertain and understand the facAdministrative Law · Source page 458
- سلطتها في تقدير مبررات فسخ العقد الإداري وملاءمتها لخطأ المتعاقد
Principle 1602Interpretation of documents and other written instruments. For the court of merits. The condition thereof: its interpretation must be one their wording can bear and must not depart from their apparent meaning. Its contraAdministrative Law · Source page 458- Principle 1603Inclusion in an administrative contract of the sanction of rescission upon breach of the obligations arising therefrom. Its basis. This does not deprive the judiciary of its power to assess the appropriateness of rescissAdministrative Law · Source page 458
- سلطتها في تقدير مدى توافر شروط تطبيق نظرية فعل الأمير
Principle 1605Determining the extent to which the conditions for applying the theory of unforeseen circumstances are satisfied. A matter of fact for the trial court. Its condition. - Its authority to assess the extent to which the conAdministrative Law · Source page 459- Principle 1606Assessment of the extent to which the conditions for applying the doctrine of act of the sovereign are satisfied. A matter for the trial court.Administrative Law · Source page 459
- سلطتها في استخلاص عناصر المسئولية والتعويض
Principle 1608Inferring the existence of damage and assessing compensation to redress it. Within the authority of the court of merits. The condition therefor.Administrative Law · Source page 459- Principle 1609The debtor's failure to perform his contractual obligation. A fault giving rise to liability. - Establishment of the element of harm. A necessary condition for liability to arise. - 459 - Administrative - Inferring the eAdministrative Law · Source page 459
- Principle 1610Holding the administration liable in compensation for its decisions. Its criterion. - Inferring fault giving rise to liability. A matter of fact, provided the inference is reasonable. Example concerning the legislative cAdministrative Law · Source page 460
- Principle 1611The administration's liability for administrative decisions. Its basis. Fault consisting in issuing an unlawful administrative decision. - Inferring the fault giving rise to the administrative authority's liability. A faAdministrative Law · Source page 460
- Principle 1612The administration's liability for administrative decisions issued by it. Its basis: the existence of fault on its part, harm befalling the person concerned, and a causal relationship between the fault and the harm. An aAdministrative Law · Source page 460
- Principle 1613The criterion for the existence of liability requiring compensation. - The court's satisfaction with the report of the expert appointed in the action because of the soundness of the investigations on which it was based, Administrative Law · Source page 460
- Principle 1614Every wrongful act causing harm to another entails the actor’s liability to compensate. The condition for this. Inferring or negating the causal relationship between the fault giving rise to liability and the harm. WithiAdministrative Law · Source page 460
- Principle 1616Inferring fault giving rise to liability or its absence. Within the authority of the court of merits where it bases its judgment on reasonable grounds. - Argument concerning the court of merits’ authority to understand tAdministrative Law · Source page 461
- سلطتها في الاستعانة برأي الخبرة في مراقبة مشروعية القرار الإداري
Principle 1620Acceptance of a judgment precluding appeal under Article 127/1 of the Law of Procedure. Its condition: such acceptance must conclusively indicate the judgment debtor's acquiescence in the judgment. Implied acceptance. ItAdministrative Law · Source page 462- سلطتها في رقابة أسباب القرار الإداري
Principle 1621The Constitution guarantees means of artistic expression of ideas in accordance with the conditions and arrangements prescribed by law. Artistic expert opinion must be sought when the court reviews the legality of adminiAdministrative Law · Source page 463- Principle 1623The administrative judiciary may examine the facts upon which an administrative decision was based. The limit thereof: verifying whether the conclusion reached by the decision can reasonably be deduced from premises thatAdministrative Law · Source page 463
- Principle 1624Review by the administrative judiciary when exercising its jurisdiction in annulment actions and monitoring the legality of the contested decision. It adjudges it, subjects its assessment to scrutiny, and weighs it justlAdministrative Law · Source page 464
- سلطتها حيال الدفاع في الدعوى
Principle 1626A material defence. The court must address it and express its opinion on it. Such defence must be founded on a fact established by evidence in accordance with the parameters prescribed for that purpose by the laws governAdministrative Law · Source page 464- Principle 1627The trial judge has the power to assess evidence. Condition thereof: that he not omit from his judgment a plea or an aspect of a material defence, base it on something contrary to what is established in the papers, or reAdministrative Law · Source page 464
- سلطتها في مسائل الإثبات
Principle 1628The binding force of judgments. Limited to the parties to the proceedings therein. It does not extend to persons outside them. The rationale: application of the rule of the relative effect of judgments. An example: the cAdministrative Law · Source page 465- Principle 1630The contract is the law of the contracting parties. As regards its parties, it is equivalent to law. It is a law specific to them, even though its origin is agreement, and its provisions are the reference for determiningAdministrative Law · Source page 465
- سلطتها في تقدير أتعاب المحاماة
Principle 1633The court of fact has the power to assess the fees appropriate for lawyers’ fees. Example.Administrative Law · Source page 466- Principle 1634Assessment of lawyers' fees is for the court of merits, upon the application of the successful litigant, within the limits of his claims and in light of the actual fees he incurred, taking into account the subject matterAdministrative Law · Source page 466
- سلطتها في استخلاص مدى توافر القرار أو انتفائه
Principle 1635The court's assessment of lawyers' fees. Is made upon the request of the party in whose favour judgment is rendered, within the limits of his claims, in light of the actual fees he incurred, and taking account of the subAdministrative Law · Source page 466- سلطتها في استخلاص قيام علاقة العمل أو انتفائها
Principle 1636Proceedings in an annulment action. Objective in nature. Their basis: challenging the administrative decision itself. The annulment action must be directed against the administrative decision. Absence of the decision. ThAdministrative Law · Source page 466- Principle 1637Registration under the provisions of Parts 3 and 5 of the Social Insurance Law is undertaken by the Public Institution for Social Security. Its adherence in doing so to the provisions of this Law. The reason for this: beAdministrative Law · Source page 467
- سلطتها في التحقق من التظلم من القرار الإداري
Principle 1638The court of merits has authority to interpret the wording and expressions of instruments and contracts and ascertain the existence of the employment relationship. It may establish and understand the facts of the action Administrative Law · Source page 467القضاء الإداري
Principle 1643An application to annul the decision refusing to grant special leave and the consequences ensuing therefrom, most particularly acceptance of the resignation that the female employee was compelled to request after its issAdministrative Law · Source page 469- Principle 1646The right of access to the courts is guaranteed to all people. Implication thereof. - Administrative acts and decisions. The rule is their subjection to judicial review and the prohibition of immunizing them against suchAdministrative Law · Source page 470
- Principle 1647The requirement of an interest in the action. It must exist at the outset and continue to exist until a final judgment is issued in the action. - Investigating the conditions for admissibility of the administrative actioAdministrative Law · Source page 470
- Principle 1648The administrative judiciary may review the legality of the cause underlying an administrative decision. The determining factor in assessing this is consideration of the true cause on which it was issued, and proof that Administrative Law · Source page 470
- Principle 1651A disciplinary decision must rest on a ground justifying it. The administrative judiciary may review the ground of the disciplinary decision in both its factual and legal aspects. An example of a disciplinary decision reAdministrative Law · Source page 471
- Principle 1653The review of the administrative judiciary in ascertaining the legality of the challenged decision. Its limit. It does not extend to weighing the appropriateness of the decision or matters falling within the sphere of diAdministrative Law · Source page 471
- Principle 1661The administrative judiciary may examine the facts upon which the administrative decision was based. The limit thereof: verifying whether the conclusion reached by the decision can reasonably be inferred from foundationsAdministrative Law · Source page 474
- Principle 1662The administration is not obliged to state reasons for its decisions except where the law so requires. A decision without stated reasons. Is presumed to rest on its proper grounds. Whoever alleges otherwise must establisAdministrative Law · Source page
- Principle 1664The 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