General management responsibility for compensation due to illegal administrative decisions (A comparative study between Iraqi and Lebanese law)

The administrative judiciary in the law (Iraqi and Lebanese) is considered one of the most important contemporary judicial institutions to protect the principle of legality, this principle which is the basis of public administration and which can be summarized as the rule of law.

The aforementioned request is nothing but an administrative case brought by individuals before the competent judiciary in order to preserve their rights and freedoms towards the dangerous and multiple capabilities and privileges that the administration has granted it to carry out the affairs of the public administration and meet the needs of the public with ease and protection of public order.

Individuals have two main means to protect their rights against the administration’s illegal actions, especially its administrative decisions. The first is their right to request the cancellation of flawed administrative decisions within a certain period before the competent court. As for the second, it is their right to seek compensation for damages resulting from flawed or unlawful administrative decisions. The study is limited to the second means of protecting legality, which is the compensation claim, because the first method (the cancellation case) is out of the scope of the research.

And through the research in the Iraqi and Lebanese legal and with regard to the subject of the study, we concluded that the administration is responsible for the error it commits, whether this (the error is collateral or personal), that is, it is obligated to make amends for the damage resulting from this error. Legitimacy, knowing that compensation in our view is an effective method not only for reparation, but rather as a control tool that pressures the administration to control it. We also found out that compensation is complementary to a cancellation appeal, meaning it is not sufficient to cancel the appealed decision, but rather to compensate the affected person, whether by a lawsuit related to the annulment before the administrative court or by an independent lawsuit before the civil courts for compensation. The Lebanese law does not differ from its counterpart Iraqi law in general terms, but there is a difference in some parts that were explained in the research. Therefore, after a thorough research on this topic, we came to several results that were included in the conclusion of the research.