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 collection- سحب القرار الإداري وتصحيحه
Principle 294Administrative decisions contrary to the law require the administrative authority to withdraw them in order to remove their violation of the principle of legality and avoid a judicial ruling annulling them. Condition theAdministrative Law · Source page 84- تنفيذ القرار الإداري
Principle 295Withdrawal of a decision terminating an employee's service for absence, although it entails treating the employment relationship as subsisting and the period of service as continuous, does not entail the employee's entitAdministrative Law · Source page 84- Principle 296The administrative authority may enforce its administrative decisions. Directly, without a judicial judgment, according to the requirements of the public interest. Its subjection to judicial review in doing so. It may haAdministrative Law · Source page 85
- Principle 297Licensing the opening of a medical establishment by a decision issued by the Medical Licensing Committee. The condition for the decision to take effect. Approval by the Minister of Health or his failure to object within Administrative Law · Source page 85
- تحصن القرار الإداري
Principle 298The administrative authority's right to enforce its administrative decisions directly. Its enjoyment of this exceptional privilege within the scope of exercising its administrative function without needing recourse to thAdministrative Law · Source page 85- Principle 299An administrative decision. When it is stripped of its administrative character and loses the immunity prescribed for administrative decisions.Administrative Law · Source page 85
- Principle 300An administrative decision that is non-existent because it involves the defect of usurpation of power. Its definition. When it may be considered void.Administrative Law · Source page 85
- Principle 301The criterion for the administration’s liability for its administrative decisions. Fault consisting in issuing an unlawful administrative decision. Determining the degree of fault is a matter of fact – Issuance of an admAdministrative Law · Source page 85
- Principle 303The right of litigation is guaranteed to all people. Consequence. - Administrative acts and decisions. The general rule is their subjection to judicial review and the prohibition on immunizing them from such review. The Administrative Law · Source page 86
- Principle 304An annulment action. Is an objective action whose subject matter is the challenge to an administrative decision. - The first-instance court's ruling that the administrative decision has become immune because no annulmentAdministrative Law · Source page 86
- العلم بالقرار الإداري الذي يبدأ به ميعاد الطعن
Principle 306The trial court. Not obliged to follow the parties through their various statements and arguments and respond to them separately. An implicit response suffices. - An administrative decision granting licenses. A temporaryAdministrative Law · Source page 87- Principle 308Regulatory administrative decisions. Knowledge thereof is through publication in the Official Gazette. - Individual decisions. Knowledge thereof is through notification to the individuals, unless the legislature requiresAdministrative Law · Source page 87
- Principle 309What matters for certain knowledge is knowledge of the content and substance of the decision, whatever its source.Administrative Law · Source page 87
- Principle 310Certain knowledge of the administrative decision from which the time limits for challenging it commence. Its nature. - 87 - AdministrativeAdministrative Law · Source page 87
- Principle 311The time limit for challenging administrative decisions by seeking annulment. Sixty days from the date of publication of the decision, notification thereof to the person concerned, or establishment of his certain knowledAdministrative Law · Source page 88
- Principle 312The time limit for challenging administrative decisions by annulment proceedings is sixty days from the date of publication of the decision, notification thereof to the interested party, or establishment of his certain kAdministrative Law · Source page 88
- Principle 314Applications for annulment of administrative decisions. The legislature’s allocation of a circuit of the Court of First Instance to hear them. - The time limit for challenging administrative decisions by an action for anAdministrative Law · Source page 88
- Principle 315The time limit for challenging administrative decisions by an action for annulment. Sixty days from the date the interested party is notified of the decision. The time limit is interrupted by an administrative grievance.Administrative Law · Source page 88
- Principle 316Administrative decisions. The general rule is that they apply to what occurs from the date of their issuance and have no effect on what occurred before them. A decision's provision extending its effect to the past in a mAdministrative Law · Source page 89
- Principle 317The time limit for bringing an action to annul an administrative decision. It commences from the date of its publication in the Official Gazette, or from the date of notification of the person concerned, or of that persoAdministrative Law · Source page 89
- Principle 318Certain knowledge of an administrative decision, from which the time limits for challenging it by annulment begin to run, is complete and comprehensive knowledge of all its elements. Reason therefor: so that the person cAdministrative Law · Source page 89
- Principle 319The rule against retroactivity of administrative decisions is complemented by the rule requiring individuals to have knowledge of decisions liable to affect their legal positions. The reason: administrative decisions do Administrative Law · Source page 90
- نشر القرار الإداري وإثباته
Principle 323The administration’s liability for the decisions it issues. Its prerequisite. Fault on its part, consisting of a final unlawful administrative decision, harm befalling the person concerned, and a causal relationship betwAdministrative Law · Source page 91- Principle 326The time limit for challenging administrative decisions. Sixty days from the date of publication of the challenged decision, notification thereof to the person concerned, or establishment of his certain knowledge thereofAdministrative Law · Source page 92
- التظلم من القرار الإداري
Principle 327Action for annulment of administrative decisions. It must be brought within sixty days from the date of publication of the challenged administrative decision in the Official Gazette or in bulletins issued by government dAdministrative Law · Source page 92- Principle 328An application to add a previous period of service. Challenging the decision issued in respect thereof by the Social Insurance Institution. A grievance against it must be submitted before bringing the action.Administrative Law · Source page 93
- Principle 329The thirty-day period following submission of a grievance to the Grievances Committee of the Social Insurance Institution. Its expiry without a decision on the grievance being issued. A legal presumption that a decision Administrative Law · Source page 93
- Principle 330Social Insurance Institution. The requirement to submit a written demand to it and lodge a grievance against its decision concerning rights established by the Social Insurance Law before bringing an action before the HigAdministrative Law · Source page 93
- Principle 331Procedures for lodging a grievance against an administrative decision. The authority receiving the grievance must enter it in a special register and deliver to the complainant a receipt stating the grievance number and tAdministrative Law · Source page 93
- Principle 332Payment of insurance entitlements. It must initially be set out in the forms prepared for that purpose, accompanied by the documents specified for them. A dispute arising between the Institution and the insured. Its neceAdministrative Law · Source page 94
- Principle 333A 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 94
- Principle 334The legislature fixed the time limit for bringing an action for annulment of administrative decisions at sixty days. Its running is interrupted by an administrative grievance. Expiry of that period without a response. ItAdministrative Law · Source page 94
- Principle 335The Department of Legal Advice and Legislation is the entity entrusted with examining the grievance against an administrative decision, expressing an opinion thereon, and following the progress of the administrative actiAdministrative Law · Source page 94
- Principle 336Procedures for submitting and deciding a grievance against administrative decisions. Their nature.Administrative Law · Source page 94
- Principle 337Determination of an application submitted to the Social Insurance Institution for any of the rights established under the Social Insurance Law, or of a grievance against the decision it issues on the application. It mustAdministrative Law · Source page 94
- Principle 338Evaluation of an employee’s competence, except for holders of senior posts. Its method: by a report submitted by his superior to the next person in the hierarchy of responsibility to express his opinion, then presented tAdministrative Law · Source page 95
- Principle 340Legislation regulating tax assessment procedures. Mandatory rules concerning public policy. The effect of this. The court must apply them of its own motion, and their violation entails nullity. - Assessment of customs duAdministrative Law · Source page 95
- Principle 341Grievances against administrative decisions. The receiving authority must enter the grievance in a special register and deliver to the complainant a receipt stating the grievance number and the date of its submission. FaAdministrative Law · Source page 96
- مدى جواز الطعن بالإلغاء في القرارات الإدارية
Principle 343Ascertaining the terms of the contract and the administrative authority's fault, and verifying whether or not the employee submitted a grievance against the challenged decision. Within the authority of the court of meritAdministrative Law · Source page 96- Principle 344Final administrative decisions. Opening them to challenge by annulment. Law 61/1982. Limited to those issued after this Law. Decisions issued before it are immune from challenge. - 96 - AdministrativeAdministrative Law · Source page 96
- بطلان القرار الإداري وانعدامه
Principle 345Administrative decisions intended to prepare for the conclusion of administrative contracts, permit their conclusion, or prevent their conclusion. Their separability from the contracts. The extent to which they may be chAdministrative Law · Source page 97- Principle 347An invalid administrative decision issued before Law 20/1981 took effect. Challenging it by seeking annulment. Not permissible.Administrative Law · Source page 97
- Principle 348An administrative decision that is nonexistent because it involves the defect of usurpation of power is one tainted by a defect of gross lack of competence.Administrative Law · Source page 97
- Principle 349The nonexistence of all legislation and decisions issued by Iraq during the Iraqi occupation of the State of Kuwait. Example. Concerning abolition of the Kuwaiti currency.Administrative Law · Source page 97
- Principle 350The measures, decisions, and regulations issued by the Iraqi occupation authorities during the invasion period. They are nonexistent and produce no effect. The basis thereof. An example concerning their decision to withdAdministrative Law · Source page 97
- Principle 352The elements of an administrative decision required for its validity. What they are and the effect of a defect in any of them. - Nonexistence of an administrative decision. When it occurs and when the defect amounts onlyAdministrative Law · Source page 97
- Principle 353Administrative decisions. The general rule is that they are not confined to particular forms or types. The legislature’s prescription of a particular form for them. Effect. The administration must follow it; otherwise, iAdministrative Law · Source page 97
- Principle 354Referral of holders of leadership and general positions for investigation may only be by a decision of the competent minister. Another person's exercise of this power. Impermissible except by express delegation from him.Administrative Law · Source page 98
- Principle 355Jurisdiction of the Administrative Circuit of the Court of First Instance pursuant to Article One of Law No. 20 of 1980. Its cases. Its implication: it may assess the lawfulness of, and annul, legally nonexistent decisioAdministrative Law · Source page 98
- Principle 356The court must, when hearing a challenge to an administrative decision, verify the existence of its legal constituents. Proof of its flagrant violation of the law renders it non-existent and strips it of the immunity accAdministrative Law · Source page