Kuwait Court of Cassation principle number 169

Provisions of laws and ministerial decisions having equivalent status. They apply only to what occurs from the date they take effect. Implication thereof. A new ministerial decision. It may not be applied to legal relationships that arose before its entry into force or to effects that arose in the past from these relationships before it took effect. Recourse must be had to the decision in force when they arose and when they produced those effects. - Stability of legal positions. Its necessary consequence: respect for acquired rights even if derived from administrative, regulatory or individual decisions. These positions or rights may not be prejudiced except by a law providing for retroactive effect. Article 179 of the Constitution. Its implication. Administrative decisions, whether regulatory or individual. In principle, they apply only to what occurs from the date of their issuance. Their effect does not extend to the past. A decision containing something indicating such extension in a manner inconsistent with the interests of the individuals concerned. It is deemed defective for violating the law and without effect as regards its retroactivity. Example: concerning the issuance of two Council of Ministers decisions, the latter of which implicitly extends retroactively in a manner inconsistent with the interests of the police officers concerned who retired under the first decision.