Kuwait Court of Cassation principle number 2155

The administrative authority's expression of its will. Its manner. Either through decisions issued by it pursuant to discretionary authority conferred by law, or pursuant to a bound authority in which it has no freedom of assessment; rather, the legislature mandatorily imposes upon it the action it must take whenever the objective criteria relating thereto are satisfied. In the latter case, the individual derives the source of his right directly from the law. This does not mean that - 396 - Civil Procedure the administrative authority's role in this regard is confined to mere material implementation of the binding provision. The scope of application of the provision must be determined by identifying the individual to whom it applies, after verifying satisfaction of the prescribed conditions in his case, through an individual administrative decision. This decision should not be denied its capacity to create or alter a particular legal position on the ground that it was issued in implementation of a binding statutory provision. Basis thereof. - The requirement of interest in an action for annulment of an administrative decision. When it is satisfied. - A trade union is deemed legally established upon the deposit with the Ministry of Social Affairs and Labour of the complete founding papers required by law. The Ministry's obligation to publicize the trade union in the Official Gazette. Its authority in this regard. Bound. This does not mean that its role is confined to mere material implementation of the provision. The application must be examined and satisfaction of its conditions and the regularity of its procedures verified. Import thereof. The administrative authority's position in these cases. An administrative decision. Amenable to challenge by annulment. Example.