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. - الاختصاص بالمنازعات المتعلقة بالقرارات الإدارية

    Principle 358The Administrative Circuit has jurisdiction over actions for compensation for defective administrative decisions even if brought as independent actions rather than as ancillary to an annulment action. - Law 61 of 82 amenAdministrative Law · Source page 99
  2. Principle 359Decisions 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 99
  3. Principle 360The jurisdiction of the Administrative Circuit in respect of applications to annul administrative decisions relating to public employees. Limited to decisions concerning appointment or promotion. And termination of serviAdministrative Law · Source page 99
  4. Principle 361The requirement of a direct personal interest necessary for the admissibility of an annulment action. Its breadth encompasses every genuine interest affected by the challenged administrative decision. Ascertaining the inAdministrative Law · Source page 99
  5. Principle 362The Administrative Circuit of the Court of First Instance: its jurisdiction over applications for annulment. Its condition is that their subject be an administrative decision.Administrative Law · Source page 99
  6. Principle 363The Administrative Circuit. Has jurisdiction over actions for compensation for defective administrative decisions, whether brought before it independently or as ancillary actions. - 99 - AdministrativeAdministrative Law · Source page 99
  7. Principle 364Decisions assigning employees temporarily and transferring them. Their exclusion from the jurisdiction of the Administrative Circuit. Its condition. They must not contain within them a decision falling within that CircuiAdministrative Law · Source page 100
  8. Principle 365The Administrative Circuit of the Court of First Instance. Its jurisdiction in respect of applications to annul administrative decisions relating to civil employees. Limited to applications to annul decisions concerning Administrative Law · Source page 100
  9. Principle 366The jurisdiction of the Administrative Circuit in the field of annulment of administrative decisions concerning civil servants. Its scope. It is limited to applications to annul decisions on appointment, promotion, termiAdministrative Law · Source page 100
  10. Principle 367The 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 100
  11. Principle 368The jurisdiction of the Administrative Circuit of the Court of First Instance. Its scope. Disputes relating to administrative decisions, whether individual or regulatory. The criterion in such disputes. Consequence. The Administrative Law · Source page 100
  12. Principle 369The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to adjudicate claims for compensation for damage arising from defective administrative decisions, even if brought before it as originalAdministrative Law · Source page 101
  13. Principle 370Disputes falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. Their nature. - The administrative authority’s refusal to take a decision that laws and regulations require it to takAdministrative Law · Source page 101
  14. Principle 371A marriage officiant is considered a public employee. Consequence thereof. The decision terminating his service is considered an administrative decision. Challenging it by annulment. Within the jurisdiction of the AdminiAdministrative Law · Source page 101
  15. Principle 372The ordinary judiciary has general judicial jurisdiction except where a provision provides an exception. - The jurisdiction of a judicial body. The criterion for determining it. The relief sought by the plaintiff. - The Administrative Law · Source page 101
  16. Principle 374The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to determine applications submitted by individuals or bodies for annulment of final administrative decisions and compensation for damagAdministrative Law · Source page 101
  17. Principle 375Civil and commercial disputes concerning the arbitration of which Law 11 of 1995 was enacted. These are the disputes over which the arbitration panel has jurisdiction, excluding disputes relating to an administrative decAdministrative Law · Source page 102
  18. Principle 376The Administrative Circuit of the Court of First Instance. The legislature vested it exclusively with jurisdiction to adjudicate administrative disputes. The arbitral tribunal lacks jurisdiction to hear arbitral proceediAdministrative Law · Source page 102
  19. Principle 378The Cassation Circuit entrusted with hearing administrative appeals. It has jurisdiction to determine applications submitted by members of the judiciary and the Public Prosecution for annulment of final administrative deAdministrative Law · Source page 102
  20. Principle 379Jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions concerning civil servants. To what it is limited. - The criterion in determining the subjectAdministrative Law · Source page 102
  21. Principle 380Claims for compensation brought by individuals for damage arising from defective administrative decisions. The Administrative Circuit has jurisdiction over them. - In performing its function, the administrative authorityAdministrative Law · Source page 102
  22. Principle 381The jurisdiction of the Administrative Circuit of the Court of First Instance in the field of annulment of administrative decisions. To what it is confined. Applications for annulment of decisions temporarily assigning oAdministrative Law · Source page 103
  23. Principle 382The Central Bank of Kuwait is authorized to purchase the aggregate distressed debts of Kuwaiti customers with banks, investment companies, and Kuwait Finance House. The criterion therefor is that those debts were outstanAdministrative Law · Source page 103
  24. Principle 383The Administrative Circuit of the Court of First Instance. Matters within its jurisdiction. Applications for annulment of decisions to second and transfer employees. Fall outside this jurisdiction unless they involve a dAdministrative Law · Source page 103
  25. Principle 384The Administrative Circuit of the Court of First Instance has exclusive jurisdiction to hear administrative disputes. It has jurisdiction to adjudicate annulment and compensation. - The administrative authority's refusalAdministrative Law · Source page 103
  26. Principle 386The administrative decision concerning which the Administrative Circuit of the Court of First Instance has jurisdiction to hear a dispute. Its nature. - Correctly understanding an administrative decision. Within the authAdministrative Law · Source page 103
  27. Principle 387Grounds relating to public order. The Public Prosecution and the Court of Cassation may raise them even if they were not previously invoked before the trial court or in the appeal petition, whenever the elements necessarAdministrative Law · Source page 104
  28. Principle 388Decisions issued concerning the residence and deportation of persons who do not hold Kuwaiti nationality. The Administrative Circuit of the Court of First Instance lacks jurisdiction to hear them. Its effect. The ordinarAdministrative Law · Source page 104
  29. Principle 389Annulment of administrative decisions. Jurisdiction over it is confined to the Administrative Circuit within the limits of the decisions stipulated in Article One of Law 20 of 1981 establishing it. Other decisions. TheirAdministrative Law · Source page 104
  30. Principle 390The jurisdiction of the Administrative Circuit of the Court of First Instance. Subject-matter jurisdiction. Its relation to public policy. - Determination of the subject-matter jurisdiction of each judicial body. The detAdministrative Law · Source page 105
  31. Principle 391The administrative decision whose annulment the Administrative Circuit has jurisdiction to hear. Its nature. - The decision issued by the Kuwait Stock Exchange Committee excluding the company's shares from the quorum reqAdministrative Law · Source page 105
  32. Principle 392Authority to annul administrative decisions vested in the Administrative Circuit. Limited to the decisions stipulated in Article (1) of Law 20 of 1981 establishing an Administrative Circuit at the Court of First InstanceAdministrative Law · Source page 105

  33. - مسئولية الإدارة عن قراراتها الإدارية – القرار الإداري غير المشروع

    Principle 393Applications to annul decisions seconding employees. They fall outside the jurisdiction of the Administrative Circuit. The criterion for this: where the administrative authority intended those decisions to produce the leAdministrative Law · Source page 106
  34. Principle 394The basis of the administration’s liability for administrative decisions. Fault in issuing an unlawful administrative decision. A minor defect in competence or form in an administrative decision conforming to the law doeAdministrative Law · Source page 106
  35. Principle 395The administration’s liability for its administrative decisions. Its basis. Fault in the decision. Its cases: lack of competence. A defect in form. Contravention of laws and regulations and error in their interpretation Administrative Law · Source page 106
  36. Principle 396Expiry of a fixed-term administrative contract upon the end of its term does not confer upon the party contracting with the administration a right to compensation for it. Reason therefor. A lease of State property: the sAdministrative Law · Source page 106
  37. Principle 397The employee secondment system. Its basis, purpose and means. Continuation, cancellation, renewal or termination of secondment. Among the prerogatives accorded to the administrative authority and falling within its discrAdministrative Law · Source page 107
  38. Principle 398A ruling annulling the Municipality’s two decisions refraining from renewing a bakery license and awarding compensation. The basis of this compensation: the Municipality’s two wrongful decisions as such. - The fundamentaAdministrative Law · Source page 107
  39. Principle 399The basis of the administration’s liability for administrative decisions is fault in issuing an unlawful administrative decision. Issuance of an administrative decision free of defects. Its effect. Absence of the adminisAdministrative Law · Source page 107
  40. Principle 400The basis for holding the administration liable in compensation for administrative decisions is fault in issuing an unlawful administrative decision or refraining from issuing it without justification. - Inferring fault Administrative Law · Source page 107
  41. Principle 401The administration's liability arising from administrative decisions issued concerning public employees. Its source is the law. The basis for this. Its effect: an action for compensation in respect thereof is barred by oAdministrative Law · Source page 107
  42. Principle 403The administration’s liability for administrative decisions. Its criterion. An example concerning the absence of liability of the administrative authority for awarding a tender. Articles 51, 52 of the Tenders Law.Administrative Law · Source page 108
  43. Principle 404The administration’s liability for its administrative decisions. Its basis. - The fault giving rise to the administration’s liability for its administrative decisions and the decision giving rise to compensation thereforAdministrative Law · Source page 108
  44. Principle 405The administration’s liability to compensate for damage arising from its administrative decisions is contingent upon its decision being defective. Issuance of a sound decision. No liability on its part, even if damage reAdministrative Law · Source page 108
  45. Principle 406The criterion for holding the administration liable in compensation for its decisions. - Inference of fault giving rise to liability. A matter of fact, provided it is reasonable. Example concerning the legislative competAdministrative Law · Source page 108
  46. Principle 407The basis of the administration’s liability for administrative decisions is fault consisting in the issuance of an unlawful administrative decision. Inferring fault giving rise to liability. A matter for the court of merAdministrative Law · Source page 108
  47. Principle 408The administration's liability for administrative decisions. Its basis. Fault consisting in issuing an unlawful decision. What suffices to establish unlawfulness. - 108 - AdministrativeAdministrative Law · Source page 108
  48. Principle 409Decisions issued by the Municipal Council. The Council of Ministers may object to them within two weeks of their issuance and resubmit the decision to the Municipal Council. Approval of the decision by a majority of the Administrative Law · Source page 109
  49. Principle 411The administration’s liability for administrative decisions. Its prerequisite. Fault consisting in issuing an unlawful administrative decision.Administrative Law · Source page 109
  50. Principle 412The 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 quAdministrative Law · Source page
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