Annulment of Administrative Decisions in Kuwaiti Law - Reasons and Legal Effects
An administrative decision is a tool used by government agencies to manage individual affairs. However, whenever it contains a fundamental defect, it becomes legally invalid and must be overturned by the judiciary. Given the seriousness of this invalidity, Kuwaiti legislators and the administrative judiciary have identified specific reasons for a decision to be invalidated and removed from legal existence.
First: When is an administrative decision considered invalid?
A decision is considered invalid if it lacks one of its essential elements, or if it is seriously flawed in form, reason, or jurisdiction. The most prominent forms of invalidity include:
1. The decision was issued by an incompetent authority.
If the decision is issued by an employee who does not legally have the authority to issue it, the decision is void.
2. The decision lacks a legitimate reason.
Every administrative decision must be based on correct facts and realistic and legal reasons, otherwise it is invalid.
3. Abuse or misuse of power
Such as if the decision is issued to achieve a personal or vengeful interest, not for the public interest.
4. Violation of law or regulations
Any clear violation of the provisions of laws or regulations shall result in the invalidity of the decision.
