التعويض عن القرارات الإدارية غير المشروعة في فلسطين في ضوء أحكام القرار بقانون رقم 41 لسنة 2020 بشأن المحاكم الإدارية

الملخص EN

For the first time in Palestine, the administrative judiciary was, independently and in terms of content and form, organized in Palestine by a law dedicated to it.

This legislation is the Decision that has the Force of Law No.

41/2020 Regarding Administrative Courts.

According to this law, the administrative courts became authorized to consider requests for compensation concerning the unlawful administrative decisions taken by the administration.

This analytical research is divided into two parts: the first examines the development of the administrative judiciary's jurisdiction to consider compensation, and the second examines the basis and rules of compensation in this case.

The research has concluded with a number of results and recommendations, the most important of which is that the basis for claiming compensation for material or moral damages resulting from administrative decisions is the existence of a management error wherein the error is an objective defect represented in the deviation of authority or its abuse or the defect of violating the law, but in cases of defect of jurisdiction or form and procedure, it is stipulated that- in order to establish the right to compensation- the error committed by the administration in these pillars be a grave defect.

The present research recommended that the decision be amended into a law in such a way that illustrates the compensatory provisions vis-à-vis the administrative decisions in a detailed fashion.