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. - الملاءمة التقديرية للإدارة في إصدارها للقرار الإداري

    Principle 232The administrative authority has the power to impose contractual sanctions upon its contracting party if he fails to perform his obligations, whether by wholly refraining from performance or by delaying it. The administrAdministrative Law · Source page 69
  2. Principle 233Placement in posts. Its meaning: placing the employee in the post compatible with his qualifications and previous experience in accordance with the legal conditions and rules governing his situation or those laid down byAdministrative Law · Source page 70

  3. - أثر القرار الإداري

    Principle 235Issuance of a decision by the Scholarships Committee dismissing a scholarship recipient. Its effect. His obligation to repay the expenses of his scholarship.Administrative Law · Source page 70
  4. Principle 236An administrative decision imposing financial burdens on the public treasury. Its implication. Its effect does not arise immediately and directly unless it is legally possible and permissible through the existence of theAdministrative Law · Source page 70

  5. - عيوب القرار الإداري

    Principle 237Acts emanating from public authorities, including decisions issued by the administrative authority, which result in depriving the lessee of enjoyment of the leased property or impairing its enjoyment. Constitute force maAdministrative Law · Source page 71
  6. Principle 238The defect of lack of competence. Its forms. Usurpation of power and violation of the rules of competence. Their effect on the administrative decision.Administrative Law · Source page 71
  7. Principle 239The defect of abuse and misuse of power justifying annulment of an administrative decision. One of the intentional defects in administrative conduct. Its import. Establishment that the administration has departed from thAdministrative Law · Source page 71
  8. Principle 240Abuse or misuse of power that justifies annulment of an administrative decision. What is required for its existence. Evidence thereof must be adduced. Assessment of whether or not it is established. Within the authority Administrative Law · Source page 71
  9. Principle 241The defect of abuse of power. Its nature. The burden of proving it rests upon the person alleging it. Example.Administrative Law · Source page 71
  10. Principle 242The scholarship recipient’s failure to comply with the scholarship conditions. Its effect. His dismissal from the scholarship by a decision of the Scholarships Committee. - The defect of exceeding competence. How it occuAdministrative Law · Source page 71
  11. Principle 244The administrative authority's power to appoint to vacant posts is subject to statutory restrictions and regulatory rules.Administrative Law · Source page 72
  12. Principle 246Prohibition on investment companies conducting currency exchange business for the account of others. The exception. The Minister of Finance’s decision of 8/1/1987. The exception contained therein is unrestricted by any sAdministrative Law · Source page 72
  13. Principle 248The defect of abuse of power concerns the substance of the administrative decision, not its outward form. Its meaning includes the administration’s violation of the spirit of the legislation and the purpose pursued by thAdministrative Law · Source page 72
  14. Principle 250The criteria laid down by the competent Minister in agreement with the Personnel Bureau to establish whether an employee subject to probation is suitable or not. Their purpose. To ensure the achievement of the public intAdministrative Law · Source page 73
  15. Principle 251Promotion by selection is an option for the administration. Its condition. That its assessment be untainted by abuse of power and that its selection be based on sound elements leading to the conclusion it reached. The liAdministrative Law · Source page 73
  16. Principle 252Promotion of an employee by selection. A right of the administrative authority within the limits of its power. Its condition. Its conduct must not be tainted by the defect of abuse of power, and its selection must deriveAdministrative Law · Source page 73
  17. Principle 253Promotion by selection. In principle, it is among the matters in which the administration has discretion. Limits thereof. A senior employee must not be passed over in favour of a junior unless the latter is more competenAdministrative Law · Source page 74
  18. Principle 254An administrative decision. It is presumed valid unless evidence to the contrary is established. The burden of proving the contrary rests on the person harmed by the decision, unless deprived of the means of doing so by Administrative Law · Source page 74
  19. Principle 255The defect of abuse and misuse of power that justifies annulment of an administrative decision. It is an intentional defect. Necessary consequence. The administrative authority must have departed from the public interestAdministrative Law · Source page 74
  20. Principle 257Exploitation of immovable property owned by the State as private property. It is effected under a lease or temporary licence to use, evidenced in writing and specifying the parties' rights and obligations and the essentiAdministrative Law · Source page 74
  21. Principle 258The Civil Service Council. Its competence, upon the proposal of the Personnel Bureau, to determine the rules, provisions and conditions for granting work-nature allowances and incentives. - The administration's obligatioAdministrative Law · Source page 75
  22. Principle 259The right to grant work authorization and permission, or to renew, transfer or cancel it. Vested in the administrative authority, represented by the Ministry of Social Affairs and Labour, according to what it considers cAdministrative Law · Source page 75
  23. Principle 260Granting maternity-care leave. A discretion vested in the competent minister. Its condition: that his conduct not be tainted by the defect of abuse of power. Article 51 of the Decree of 4/4/1979 concerning the Civil ServAdministrative Law · Source page 75
  24. Principle 262An administrative decision is not invalidated by a formal defect. Exception. Where the law prescribes nullity upon omission of the procedure, or where the procedure is essential and its omission results in forfeiture of Administrative Law · Source page 76
  25. Principle 263Promotion by selection. The general rule is that it is a matter of expediency within the administration’s discretion. Condition thereof. Its assessment must not be tainted by abuse of power, and it must have based its seAdministrative Law · Source page 76
  26. Principle 264The court of merits may assign the legal characterisation to the claims in the action. The condition for this. The claim being expressed explicitly. Its necessary consequence. No need to undertake characterisation. An exAdministrative Law · Source page 77
  27. Principle 266Review by the administrative judiciary when exercising its jurisdiction in annulment actions and reviewing the legality of the challenged decision. It adjudges it, brings its assessment to bear upon it and weighs it justAdministrative Law · Source page 77

  28. - عدم دستورية القرار الإداري

    Principle 267A defect of lack of competence or form that may taint a decision and lead to its annulment. It does not inevitably and necessarily constitute a basis for compensation unless the ground affects the substance of the decisiAdministrative Law · Source page 77

  29. - عدم رجعية القرار الإداري

    Principle 268A ruling that Civil Service Council Decision No. (5) of 2003 is unconstitutional. Its effect: declaring its invalidation, terminating its enforceability, and deeming it never to have existed. It binds everyone and all coAdministrative Law · Source page 78
  30. Principle 269Establishing the retroactivity of a law depends upon a specific provision, even if it affects rights derived from an administrative decision. - Non-retroactivity of an administrative decision; otherwise, it is defective Administrative Law · Source page 78
  31. Principle 270An administrative decision's retroactive character renders it defective for violation of the law, so it cannot validly be relied upon. An example.Administrative Law · Source page 78
  32. Principle 271An administrative decision providing for its effect to extend to the past. A defective decision. Example.Administrative Law · Source page 78
  33. Principle 273Suspension or cancellation of a study mission. An administrative decision to that effect must be issued, provided that it does not include retroactive effect. This decision does not operate against. The scholarship studeAdministrative Law · Source page 79
  34. Principle 274Legal positions and acquired rights. They may be affected only by a law providing for retroactive effect. - Administrative decisions, whether regulatory or individual, apply, as a rule, only to what occurs from the date Administrative Law · Source page 79
  35. Principle 275Retroactivity may only be established by law in non-penal matters. The implication thereof. Administrative decisions apply only to what occurs from the date of their issuance by the person empowered to issue them. A provAdministrative Law · Source page 79
  36. Principle 276Administrative decisions, whether regulatory or individual. In principle, apply only to what occurs from the date of their issuance. An administrative decision providing for its effect to extend into the past. Vitiates iAdministrative Law · Source page 79
  37. Principle 277Administrative decisions. The rule is that they apply to what occurs from the date of their issuance and produce no effect in respect of what occurred beforehand. A decision providing for its effect to extend to the pastAdministrative Law · Source page 79
  38. Principle 278Administrative decisions, whether regulatory or individual. As a general rule, they apply only to what occurs from the date of their issuance by the competent authority, and produce no effect in respect of what occurred Administrative Law · Source page 80

  39. - المساواة في القرارات الإدارية

    Principle 279The rule of non-retroactivity of administrative decisions is complemented by the rule requiring individuals’ knowledge of decisions capable of affecting their legal statuses. The reason for this: administrative decisionsAdministrative Law · Source page 80
  40. Principle 280The rule of equality in the sphere of administrative decisions. It may not be invoked to compel the administration to take a particular decision by analogy with an erroneous decision it issued for another. The rationale.Administrative Law · Source page 80

  41. - سحب القرار الإداري وتصحيحه

    Principle 282The disciplinary committee becoming seized of the disciplinary action. Its effect. The administrative authority is precluded from withdrawing the referral decision. The reason for this. - A negative administrative decisiAdministrative Law · Source page 81
  42. Principle 283The administrative authority's right to revoke the licence to establish a nursery arises only in two cases: the first is the nursery's continued violation of the provisions of the regulations governing private nurseries Administrative Law · Source page 81
  43. Principle 284Procedures and conditions for licensing the opening of non-governmental schools, the licence term, and the requirements for its renewal. Minister of Education Decision 46601/1967. Fulfilment of these conditions. The persAdministrative Law · Source page 81
  44. Principle 285The constituent elements of an administrative decision. Their nature. The absence of one of its constituent elements entails stripping it of its character as an administrative decision and regarding it as a material act Administrative Law · Source page 82
  45. Principle 286Appointment of non-Kuwaitis to government authorities on a temporary basis. The provisions of the Civil Service Law, the decree on the Civil Service System, and Personnel Bureau circulars apply to them. Their entitlementAdministrative Law · Source page 82
  46. Principle 287The administration expresses its will through decisions that may be issued on the basis of discretionary or bound authority. - Non-existent administrative decisions are divested of their character as administrative decisAdministrative Law · Source page 82
  47. Principle 288Kuwaitis working for an employer. They must be insured with the Public Institution for Social Security by the employer or by themselves, and the Institution is obliged to fulfill its obligations toward them even if the eAdministrative Law · Source page 82
  48. Principle 289Reliance on the immunity acquired by administrative decisions through expiry of the time limits for seeking their annulment. Its condition: those decisions must create legal positions for the persons concerned and must bAdministrative Law · Source page 83
  49. Principle 291An administrative decision granting licences. A temporary act subject to withdrawal or amendment whenever the public interest so requires. The condition for revocation or amendment: that it be carried out in accordance wAdministrative Law · Source page 83
  50. Principle 292Proceedings in an annulment action are objective proceedings premised on challenging the administrative decision itself with the aim of reviewing its legality. The implication thereof. The administrative decision is an eAdministrative Law · Source page
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