مسؤولية الإدارة عن أخطائها

Abstract EN

After the growing awareness in society of the need to protect the rights of individuals and public liberties, which are among the priorities of the functions that the state must perform.

It is not possible to accept, under any justification or pretext, the assault on the rights of individuals, even from the state itself, and also because the modern state is the state of law.

This means that the state itself must be subject to the law.

All of this has led to the determination of the responsibility of the state and its various agencies for the actions and behaviors issued by it that may result in damages as a result of its various activities.

The French Council of State contributed to this transformation, as it initially decided the state’s responsibility for the normal actions of the administration without the actions of authority and sovereignty, and then its provisions were repeated to decide the responsibility of the administration for its actions in all the activities it undertakes and the actions it undertakes when they result in damage.

We have tried, through this study, to identify the responsibility of the administration for the errors attributed to it, which would inflict damage on others, which requires compensation, by explaining what this responsibility is and what the errors are that result in administrative responsibility and the role of legislation, jurisprudence and the judiciary in setting the principles and foundations that were adopted in the report Responsibility of the administration for its illegal actions, whether legal or material.

The administration's responsibility for its mistakes in Iraq was addressed through a statement of the position of the Iraqi legislation and judiciary in this regard.

Through the study, we have reached some conclusions regarding the topic of the research.

Some proposals that we hope will have a role in enriching this sensitive and important issue.