Kuwait: Nationality issues are sovereign..the courts will not consider them
The judicial authority in Kuwait resolved the controversy over the jurisdiction of the courts in matters of nationality, as it ruled in a final ruling that these cases may not be heard before the courts, as they are among the sovereign issues.
An informed source told Al-Qabas newspaper: The Commission for Unification of Principles in the Court of Cassation convened yesterday, and considered the referral from the Third Administrative Circuit, headed by Counselor Adel Bouresli, to resolve the dispute over judicial principles regarding the jurisdiction of the courts in matters of nationality.
The source added that the commission headed by Counselor Ahmed Al-Ajeel concluded with a majority, yesterday, that the entire nationality issues are original or acquired entirely outside the jurisdictional jurisdiction of the courts.
The source emphasized that based on this ruling on the unification of principles, it is binding on all courts and all cases, all of which will be judged lacking jurisdiction.
He pointed out that there were two opinions in the past in these cases. The first held that nationality issues are outside the jurisdictional jurisdiction of the judiciary in the State of Kuwait, and the second opinion differentiated between original nationality (excluding it from the jurisdiction of the judiciary), and acquired nationality (its decisions are subject to judicial oversight).
The source concluded that the authority’s ruling, yesterday, stipulated the unification of the principles on which all courts will settle, and considered that issues of nationality are matters of state sovereignty, and to abandon the principle adopted by the contradictory rulings in this regard.
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