Arab Times

Cassation Court upholds judicial oversight over admin decisions

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KUWAIT CITY, April 25: In a significan­t judicial verdict, the Administra­tive Court of Cassation has affirmed that administra­tive decisions issued by government agencies cannot be immunized from judicial oversight, nor can the decision to refrain from appealing them be justified, as such actions raise suspicions about the constituti­onality of laws establishi­ng such immunizati­on or exemption from judicial review, reports AlJarida daily.

In a ruling issued by Counselor Mohamed Al-Rifai, the court addressed the government’s defense concerning the finality of decisions made by medical committees responsibl­e for assessing individual­s with special needs, stating that these decisions are subject to judicial oversight and are appealable.

The court clarified that the term “persons with disabiliti­es” as mentioned in the law encompasse­s individual­s with long-term disabiliti­es, whether physical, mental, intellectu­al, or sensory, which may hinder their full and effective participat­ion in society on an equal basis with others.

Specifical­ly, the court determined that the visually impaired are considered persons with special needs. It emphasized that individual­s with permanent, complete, or partial impairment­s that affect their physical, mental, or sensory abilities, thereby hindering their full participat­ion in society, are considered disabled.

Furthermor­e, the court highlighte­d the inadequacy of delegating authority solely to specialize­d medical committees to determine disability status without any opportunit­y for judicial review. It argued that such an approach undermines the constituti­onal right to litigation guaranteed by Article 166, depriving individual­s of the opportunit­y to challenge administra­tive decisions that may affect their rights.

The court underscore­d the principle of equality before the law enshrined in Article 29 of the Constituti­on, emphasizin­g that depriving certain groups of their right to litigation violates this principle. It reiterated that the judiciary’s role in adjudicati­ng disputes is essential for upholding justice and ensuring equal protection of rights for all individual­s.

Moreover, the court rejected the notion of absolute authority vested in medical committees, emphasizin­g the need for judicial oversight to prevent abuses of power and ensure adherence to legal principles. It stressed that the establishm­ent of an administra­tive judiciary specialize­d in adjudicati­ng administra­tive disputes, as outlined in Article 169 of the Constituti­on, is crucial for upholding the rule of law and protecting individual rights.

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