Filing administrative complaints entails an administrative decision from an administrative body that the complainant finds unfair to his right, and where such an administrative decision has a defect of illegality; One's best recourse is to engage an administrative lawyer to assist him in all the proceedings accompanying the filing of a complaint to the decision-maker or superior or to bring an action for annulment. and Article 7 of the Kuwaiti Administrative law stipulates that: "It is sixty days from the date of publication of the contested administrative decision in the Official Gazette or in the leaflets issued by the Government interests or the declaration or knowledge of the person concerned.
The date of the filing of the cancellation suit is 60 days from the date of publication of the administrative decision challenged in the Official Gazette or in the bulletins issued by government interests or the declaration or knowledge of the person concerned.
This deadline shall cease to apply to the administrative entity that issued the decision or to superior entities, and the appeal shall be decided within 60 days from the date of its filling. and if the decision to refuse was rendered, it must be justified, and sixty days after the filing of the complaint, without the competent authorities' reply, shall be deemed inadmissible. and the date of filing an action shall be calculated from the date of express or implied refusal as the case may be. " In what follows, we will discuss the mechanism for filing administrative grievances and the importance of hiring administrative counsel/ lawyer to preserve your rights and ensure that the administrative grievance process proceeds in the ways defined by the Kuwaiti legislature.
The administrative judiciary is concerned with the consideration of administrative compensation cases in all its forms and cases of annulment of the administrative decision, whether it was an administrative decision to dismiss an employee, a decision to prevent a bonus or promotion, or the expropriation of a citizen for the benefit of a public entity, or other decisions, provided that these administrative cases are heard before the administrative judiciary, Before deciding on an administrative action, it is imperative that it be preceded by the filing of an administrative complaint, with the person assigned to file his or her case to appeal within 60 days of the date of the decision. If a person fails to file an administrative complaint within the specified period, the administrative decision shall be fortified and enforceable. No appeal may be lodged thereafter or an administrative action brought accordingly; Therefore, your use of an experienced administrative lawyer will ensure that you follow the steps of administrative grievance properly as determined by the Kuwaiti legislator.
The Supreme Administrative Court is competent to examine administrative appeals by a body of commissioners that prepares reports of legal opinion in administrative appeals filed before the court in accordance with the procedures established by the internal regulations, and the Supreme Administrative Court is the second degree of administrative litigation, The Supreme Administrative Court is competent to hear administrative appeals to it in all final rulings of the Administrative Court and hears appeals objectively and legally, and the period of time allowed to file an appeal is 30 days from the day after the date of the contested judgment and it shall be filed in a memorandum filed with the clerk’s office and signed by one of the administrative lawyers accepted before the Supreme Administrative Court. The appellant must also file with the memorandum the documents supporting the appeal; Unless the case file was deposited in the case in which the contested judgment was issued, and from the above, the complexity of the stage of administrative appeals requires the assistance of an administrative lawyer with long experience in successfully dealing with administrative appeals in a manner that preserves the rights of those affected and ensures that the appeal procedures run in accordance with the requirements of the Kuwaiti legislator.
The Constitutional Court of Kuwait is competent to interpret constitutional texts and to adjudicate disputes relating to the constitutionality of laws and decrees by laws and regulations, in accordance with Law No. 14 of 1973, which stipulates in article 1 that: "The Constitutional Court shall be solely competent to interpret constitutional texts, to adjudicate disputes concerning the constitutionality of laws and decrees by laws and regulations, and in appeals against the election of members of the National Assembly or the validity of their membership" and the constitutional court's ruling is binding on all and other courts." The Kuwaiti Constitution has granted individuals the right to protect their rights if they are violated, by allowing relevant individuals to appeal directly to the Court; Provided that the Appeals Examination Committee of the Constitutional Court shall examine it within one month of the aforementioned ruling, provided that the said committee shall decide on these constitutional appeals as a matter of urgency under article IV.
Here we have come to the conclusion of this article presented on the Integrated Legal Group website, in which we touched on a set of points related to the conduct of the administrative grievance process and the steps it follows. and we have addressed The nature of administrative cases, constitutional appeals and the competencies of the Constitutional Court, and other points, and it becomes clear the need to seek the assistance of an administrative lawyer specialized in decisions, proceedings and administrative appeals, provided that he is an expert in the legislation on the conduct of the administrative grievance process and its subsequent stages, in order to obtain the best results as soon as possible.
