مسؤولية الدولة في التعويض عن أخطاء القضاة

Abstract EN

Abstract After the dissemination of the idea of oriented economy, contemporary states have started to take more responsibilities, which makes them in constant contact with individuals.

This has assigned states in the position where they have to take the responsibility of compensation and therefore the topic of states’ responsibility of compensation for judges’ mistakes is one of the significant topics.

This topic has its theoretical and scientific importance, especially in terms of its uniqueness, different issues it includes judiciary involvement towards solving relevant issues, and the absence of appropriate constitutional legislation.

The main issue revolves around states responsibility of juridical mistakes.

This issue includes its controversial sub-issues that can be clarified by asking following questions: Is it possible for harmed individuals to act against the juridical authority legally to compensate for its juridical mistakes? What is the essence of this responsibility and which is the right authority to deal with it? What is the role of the administrative judiciary concerning juridical mistakes? Our conclusion reveals that conventional situation has no role of the states to compensate individuals for juridical mistakes; however, contemporary orientation explains that organizing state’s responsibility of compensations for juridical mistakes represents a guarantee for litigants in order to not be misjudged.

This is what many legislations of Moroccan constitution have stated in 2011.

These legislations confirm, “It is the right of every harmed individual because of any juridical mistakes to ask for state’s compensation”.

It is important to emphasize the right for compensation by a constitutional legislation that changes conventional orientation of irresponsibility of juridical mistakes, and consequently we ask the Iraqi legislator to consider this statement: “It is the right of every harmed individual because of any juridical mistakes to ask for state’s compensation”