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- دعوى إلغاء القرار الإداري
Principle 471An action for annulment of administrative decisions. Its time limit. Sixty days. This time limit is interrupted by the administrative grievance which the law requires to be submitted before bringing it. Expiry of the timAdministrative Law · Source page 122- Principle 472The time limit for challenging administrative decisions by annulment. Sixty days. This time limit is interrupted by an administrative grievance, which must be submitted before bringing the action. Subsequent expiry of thAdministrative Law · Source page 122
- Principle 475An application for annulment of disciplinary decisions. Its connection with an application for annulment of decisions charging the worker with the loss sustained by the employer. The reason for this.Administrative Law · Source page 123
- Principle 476Effectiveness of an administrative decision. Its condition. Fulfillment of its constituent features and elements. - The time limit for challenging an administrative decision by annulment. Its nature. Interruption of thisAdministrative Law · Source page 123
- Principle 477Bringing an action for annulment of administrative decisions. Its time limit. The running of this time limit is interrupted by the administrative grievance that must be lodged before bringing it. The competent authority'Administrative Law · Source page 123
- Principle 478A judgment annulling an administrative decision. It may be absolute, encompassing all parts of the decision, which is then regarded as never having existed in respect of all persons it covered. It may also be partial, diAdministrative Law · Source page 124
- Principle 479An annulment action. An action of an in rem character aimed at contesting an administrative decision. It is not confined to the existence of a right that the decision sought to be annulled has defeated or affected. The iAdministrative Law · Source page 124
- Principle 480An annulment action. An action in rem whose subject is challenging the decision itself. The implication thereof. The statement of claim must contain particulars identifying the challenged decision so as to leave no doubtAdministrative Law · Source page 124
- Principle 481Administrative decisions against which a grievance must be lodged with the authority that issued them or its superior authority, and the prescribed periods for deciding the grievance must be awaited before bringing an acAdministrative Law · Source page 124
- Principle 482An annulment action. It is an action aimed at challenging the administrative decision itself and revealing its flaws and defects. Its claimant must have a personal interest directly affected by that decision; otherwise, Administrative Law · Source page 124
- Principle 484An annulment action. The proceedings therein are in rem. Their basis. Reviewing the legality of the administrative decision and challenging it. The implication thereof. A judgment of annulment extinguishes the decision sAdministrative Law · Source page 125
- Principle 485A manifestly invalid plea. The trial court’s disregarding it. No defect. - The request to annul the decision refusing to grant special leave and its resulting effects, particularly acceptance of the resignation that the Administrative Law · Source page 125
- Principle 487The interest requirement necessary for the admissibility of an action to annul an administrative decision. What suffices for it. The person bringing it must occupy a particular legal position concerning the challenged deAdministrative Law · Source page 125
- Principle 488Execution of an annulment judgment. What it entails. Extinguishing the annulled decision and erasing its effects from the time of its issuance and to the extent specified by the judgment. The judgment must be executed fuAdministrative Law · Source page 126
- Principle 489The continuing administrative decision. Its nature. An application for its annulment is not restricted by the time limit specified by law for bringing an annulment action. Decisions of the Management Committee of the KuwAdministrative Law · Source page 126
- Principle 490Decisions of the Tax Appeals Committee established pursuant to Minister of Finance Decision No. 16/1997 concerning determination of the manner of taxpayers’ objections to tax assessments. They constitute administrative dAdministrative Law · Source page 126
- Principle 494An action for annulment of administrative decisions. Its time limit. 60 days. Interruption of this time limit by an administrative grievance to the authority issuing the decision or its principal authorities. Passage of Administrative Law · Source page 128
- تكييف القرار الإداري
Principle 495An annulment action, as an action of an objective nature, aims to challenge the administrative decision itself in furtherance of the principle of legality. Its condition. The existence of a direct personal interest. It iAdministrative Law · Source page 128- Principle 496The administrative decision. What is relied upon in ascertaining the administration’s will is the declaration issued by it. Investigating its concealed will or confronting it with the nonconformity of its expression to iAdministrative Law · Source page 128
- Principle 497The clear and unequivocal expression by the authority issuing the administrative decision that it accepts the resignation. Searching for its concealed intention and characterizing it as a dismissal decision taken in accoAdministrative Law · Source page 129
- Principle 498Administrative judicial review of the legality of administrative decisions. Its limits. It is not bound by the literal wording through which the administration expresses its will.Administrative Law · Source page 129
- Principle 499Understanding the acts or decisions issued by the administrative authority and giving them their true characterization, without being bound by the descriptions and designations the litigants confer upon them. Within the Administrative Law · Source page 129
- Principle 500The administrative judiciary’s activity in assessing administrative decisions. It must stop at the limit of legality or illegality within the scope of legal review, and it may examine the facts upon which the decision waAdministrative Law · Source page 129
- Principle 502The trial court may ascertain the true nature of the challenged decision, understand its substance, and give it its proper description and correct legal characterization. Inferring the fault giving rise to the administraAdministrative Law · Source page 129
- دعوى التعويض عن القرارات الإدارية
Principle 504A judgment annulling an administrative decision. Necessarily entails extinguishing the administrative decision from the time of its issuance and deeming it never to have existed. The reason for this: it reveals the illegAdministrative Law · Source page 130- Principle 505The administration’s erroneous decision. It does not give rise to its liability to pay compensation for it unless it causes harm directly connected to its conduct. - 130 - AdministrativeAdministrative Law · Source page 130
- Principle 506Compensation for an administrative decision contrary to law. Its nature. It is not salary, but rather an obligation to pay an amount assessed by the court as a lump sum, and does not possess its periodic and recurring chAdministrative Law · Source page 131
- Principle 507The right of an employee who submits his candidacy to contest Municipal Council elections to special leave for 1 month. One of the rights established by operation of law. The administration has no discretionary power in Administrative Law · Source page 131
- الإلغاء المجرد الشامل للقرار الإداري والإلغاء الجزئي
Principle 508The general rule is that an employee’s taking leave is subject to the administrative authority’s assessment, without judicial review thereof. The exception: it has no power in this regard if its conduct entails deprivingAdministrative Law · Source page 131- وقف تنفيذ القرار الإداري
Principle 516The administrative decision. The general rule is that it must be enforced. The exception. The court may stay its enforcement. When requested to do so in the statement of claim for annulment.Administrative Law · Source page 134- القرار الإداري الصادر من جهة أدنى مناقضاً لما أصدرته جهة أعلى
Principle 518A judgment staying execution of an administrative decision pending determination of the application for annulment. Temporary by nature. Its legal existence ceases and all its effects disappear upon adjudication of the meAdministrative Law · Source page 134- Principle 519An administrative decision or regulation may not be issued in contravention of what has been issued by a higher authority.Administrative Law · Source page 134
- القرار الإداري والعمل القضائي
Principle 520A lower administrative authority may not issue an administrative decision or regulatory instrument that conflicts with or contradicts what the higher authority has issued. Example. - 134 - Administrative - The administraAdministrative Law · Source page 134- Principle 521Distinguishing between acts of the Public Prosecution considered judicial decisions and its acts considered administrative decisions. The determining consideration. - The Public Prosecution’s decision prohibiting travel Administrative Law · Source page 135
القرار الإداري الإيجابي والقرار السلبي
Principle 532The negative administrative decision. It exists if the administrative authority refuses or refrains from taking a decision that it was required to take under the laws and regulations.Administrative Law · Source page 138- Principle 533The administrative authority's refraining from taking a decision it was obliged to take, whether negatively or affirmatively, pursuant to laws and regulations. It may be challenged by annulment as a negative decision. - Administrative Law · Source page 138
- Principle 534The challenged judgment's conclusion that the post to which the appellant seeks to have his job title changed may only be filled by appointment after fulfilment of the legally prescribed conditions, and that appointment Administrative Law · Source page 138
- Principle 536Judgments issued by the Court of First Instance are appealable if the dispute is of unassessed value or its value exceeds one thousand dinars. Otherwise, the judgment is final. Article 12 of Law 20 of 1981, as amended, eAdministrative Law · Source page 139
- Principle 537The administrative decision. It is an act by which the administrative authority expresses its binding will, by virtue of its authority under laws, decisions and regulations, with the intention of producing a specific legAdministrative Law · Source page 139
- Principle 538The dispute in an annulment action. Objective in nature. Its basis: challenging the administrative decision itself. The annulment action must be directed against the administrative decision. Absence of the decision. The Administrative Law · Source page 140
القرار الإداري المنشئ والقرار التنفيذي
Principle 539Ascertaining the true nature of the challenged decision and assigning it the correct characterization. Within the authority of the court of merits, without review. The condition for that: basing its judgment on sound reaAdministrative Law · Source page 140- Principle 540The administrative authority expresses its will through decisions that may be issued on the basis of discretionary power or bound power. - Its decision issued in the latter case is merely an implementing decision and notAdministrative Law · Source page 141
القرار الإداري المستمر
Principle 541An administrative decision issued by an authority empowered to issue it creates the right it establishes and generates arousal from the time of its issuance. The right-holder deriving his right directly from the law. TheAdministrative Law · Source page 141القرار الإداري الذي لا يقبل الطعن بالإلغاء
Principle 543The immunity acquired by an administrative decision upon expiry of the time limits for seeking its annulment. Its condition is that it create a legal position and be issued within the limits of the discretionary power coAdministrative Law · Source page 141- Principle 544The administrative decision subject to annulment jurisdiction. Its nature. A decision reiterating or implementing a previous decision that determined the legal position by final approval of a real property subdivision prAdministrative Law · Source page 142
القرار الإداري المشوب بعيب بسيط
Principle 545The administrative decision. Its nature. The requirement that it produce a legal effect. What is not considered such. Acts undertaken after its issuance to implement or confirm it. 5- The administrative decision tainted Administrative Law · Source page 142القرار الإداري ذو الطبيعة الجزائية
Principle 549A general regulatory decision concerning an employee’s financial rights and what falls within their meaning and treatment, issued pursuant to law. Becomes operative once it satisfies its formalities and requirements and Administrative Law · Source page 143القرار الإداري في شأن معادلة المؤهلات الدراسية
Principle 552Ministerial Decision 13 of 1992 reconstituting the Committee for the Equivalency of Post-General Secondary Certificates did not specify rules or principles to guide the Committee in its evaluation of this certificate. - Administrative Law · Source page 144القرار الإداري في شأن البعثات
Principle 553Equivalence of educational certificates is a technical matter independently undertaken by the administrative authority through its specialized bodies, with discretion in its evaluation. The administrative judiciary may eAdministrative Law · Source page 145- Principle 554Recovery of study expenses and travel costs from the scholarship recipient and his guardian. Its basis. - Submission of an undertaking by the scholarship member's guardian to pay those expenses. Its cases. Issuance of a Administrative Law · Source page