التطور القضائي لمسؤولية الإدارة عن الأخطاء الشخصية : دراسة مقارنة

الملخص EN

The importance of this research lies in its elucidation of the provisions that regulate the administrative responsibility for personal faults, and the rules that govern the relation between the administration, the employee and the harmed party to determine responsibility for the purpose of compensation.

The research aims to identify stages of development the French, Egyptian and Omani judiciary went through with regard to the administration responsibility in case of multiple personal faults and service offences, its responsibility in case of personal fault, and the implication of the administration’s recognition of responsibility for personal faults.

The research problem lies in defining the cases in which the administration bears the responsibility for personal faults committed by an employee during or because of his job or outside the work, and the cases where the harmed party may have the right to have a resource against the administration to get compensation, in addition to explaining how to divide the burden of compensation between staff and administration.

The research came to several results, the most important of which is that the judiciary in France, Egypt and Oman has settled its rulings on the possibility of combining the responsibility of the administration and the responsibility of the employee in the event of multiple personal and attachment errors.

Subsequently, it turned to deciding the administration’s responsibility for the personal faults that the employee makes while.

performing the job or because of it.

The administrative judiciary in France and Egypt also recognized the responsibility of the administration for the personal errors committed by the employee outside the scope of work as long as they were related to the job.

On the other hand, the administrative judiciary in France, Egypt and Oman agreed that the employee and the administration should have recourse against each other by apart of the compensation.

The research ended up with several recommendations the most important of which is the following: the administrative judiciary in Oman should keep pace with the evolving trend of administrative judiciary in France and Egypt which approved the responsibility of the administration for personal faults committed by an employee outside the work as long as they are associated with job.

The French, Egyptian and Omani judiciary should define an objective criterion, on the basis of which personal errors that occur outside the scope of work and are separate from the job can be known and the employee is asked about them, while the management bears responsibility for the errors related to the job.