Error as A Basis for Responsibility in The Field of Administrative Disputes in Iraqi Law

It is known that the administration often asks about the damages caused to individuals because of its actions. In this case, the affected individuals have the right to request compensation, because the administration is primarily responsible for breaching its legal obligation, meaning that the error is the basis on which the responsibility rests in the field of administrative disputes. There is no responsibility without error in some cases, the administration is the one who bears the error, even though it has not been proven wrong, and this is called responsibility based on the idea of risks. The error on which the responsibility of the administration is based does not differ in the administrative law from that in the civil law, and it is a material act or a legal act that is contrary to the principle of legality. If the error is considered an essential and fundamental element in the establishment of the responsibility of the administration, then the decisions issued by the administrative authority are represented in the aspects of illegality that these decisions permeate in violation of the binding legal rules. The requested services, which is considered a negative attitude on the part of the administration, makes it breach what it has committed to, which requires it to pay compensation that is commensurate with the extent of the damage caused to the injured party. Therefore, the purpose for which this study was developed is to explain the error that is issued by the administration, and what is the responsibility that the administration is entitled to as a result of its failure to comply with what is required of it by the text of the law, in addition to an indication of the parties to which the dispute is presented as a result of the error that occurred on its part. Is the administration responsible for paying compensation to the injured party, whether it is the administration itself or one of its subordinates, and this is what we will show successively. According to the rules of administrative responsibility on the basis of error, the victim, as a general rule, has the right to file a compensation claim against the administration before the administrative court if the mistake committed by the aid is attached. In contrast, in the event that the agent commits a personal error, he alone is responsible for compensation, and the victim files a lawsuit before the ordinary judiciary against the causing aid in damage, however, the development that took place in the general system of administrative responsibility on the basis of the elbow error, it led to the distribution of responsibility between the administration and its employees, that is, it led to the dwindling of the legal value of the personal error little by little in front of the expansion of the elbow error. Subject of our study.