Dr. Hisham Abdulsamad Al Saleh
Assistant Professor of Public Law
Kuwait International Law School

Abstract:

This research tackles the following: Comment on the judgment of the Kuwaiti Court of Cassation – Second Administrative Circuit – in Appeal No. (911) of 2019, administrative, issued in the hearing dated 11.19.2019. This judgment has set forth many legal principles and problematic issues, which require clarification and highlighting, given the significance of these legal principles and problematic issues and the significance of this judgment.
Perhaps the most important of which are the following: the legal value of the principle of equality in the assumption of public office, the concept determined by this judgment for the void administrative decision, the principle of the judge impartiality in the administrative case, and finally the mechanism for enforcing this judgment, and the administrative and financial implications of this implementation and how to avoid these implications.
In this commentary, we have concluded that: The judgment is marred by describing all decisions as void in its entirety, especially when not all of them were subject to judicial oversight for appeal and the court did not clarify in its judgment that all decisions are inadmissible, and how would the court do so when such decisions were not appealed, and not all of them were being examined and revised. Also, the court made no use in this judgment of the rule stating that “an appeal should not aggravate the appellant” or should not prejudice its legal position.

Keywords: the principe of equality, absolute administrative decision, the impartiality of the judge, expert Management, illegality.

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