Administrative claims
Administrative lawsuit and its procedures
Decree-Law No. 20 of 1981 was issued to establish a department in the total court to hear administrative disputes.
Article (1) stipulates that the Administrative Court shall establish an administrative department consisting of three judges and shall include one or more chambers as needed. It shall be competent exclusively to the following matters, in which it shall have the jurisdiction to cancel and compensate: –
1- Disputes concerning salaries, pensions, bonuses and allowances due to civil servants. Or their heirs.
2. Requests by civil servants to cancel decisions to terminate their services or to impose disciplinary sanctions.
3. Requests submitted by the concerned parties to cancel administrative decisions to appoint civil servants.
4. Requests by civil servants to cancel administrative decisions issued for promotion.
5. Requests by individuals or bodies to cancel final administrative decisions other than those issued on matters of nationality, residence and deportation of non-Kuwaitis, and licenses for newspapers, magazines and houses of worship.
Article IX states that:
The Administrative Department shall have the exclusive jurisdiction to consider disputes arising between the administrative authorities and the other contractor in the contracts of commitment, public works and supply, or any other administrative contract, which shall have the jurisdiction of the full judiciary. The Government has studied various opinions and projects submitted for research in this regard and found that the majority This view is consistent with the reality of the countries in which the role of abolition in the role of trial and so as not to create a huge new body for a limited number of cases, if the experience resulted in the success of this In order to eliminate and increase the number of cases before it, it was possible to reconsider the matter and choose the appropriate solution in the light of the new circumstances.
The third article of the draft decided an important condition in the administrative judiciary is the non-acceptance of applications submitted by persons who do not have a direct personal interest, and the law also stipulated that the reason for the appeal against the administrative decision is the main reason is the violation of the law and in article V stipulated that these The Department shall have the sole jurisdiction to cancel the contested administrative decisions, and it shall also have the sole jurisdiction to award damages arising from those decisions, whether or not submitted to it in an original or consequential manner. A day shall be issued from the date of publishing the contested decision in the Official Gazette or in the bulletins issued by the government departments, or the announcement of the concerned person or his knowledge, in order to give the concerned party the opportunity to appeal against the decisions to the issuing authority. Cancellation of the aforementioned only after the grievance from them to the party The procedures for submitting an administrative lawsuit to the court, stating that it shall be deposited in a newspaper to the administration of the court book, with appropriate dates for the preparation of the lawsuit, the exchange of notes and access to documents. Article (11) of the project set the fees for cancellation and suspension applications, and set it to ten dinars for each application with multiple fees for multiple decisions and requests. Article (12) and (13) of the project decided that the judgments issued by the Administrative Court of Appeal shall be considered before the Supreme Court of Appeal. Article 14 stipulates the 30-day appeal period and its procedures, and Article (15) permits the appeal of discrimination against judgments issued by the Court of Appeal.
