The Extent of the Public Employee’s Obedience to Illegal Administrative Decisions (A Comparative Study)

The issue of the extent of the public servant’s obedience to illegal administrative decisions is one of the important topics, as the presidential authority in modern systems is no longer absolute, the subordinate’s obedience to his superior is not absolute, and the duty of obedience no longer means that he strips the subordinate of his personality, and transfers all decisions issued, the president does not he has absolute powers, but his authority is limited by what the laws impose. The president may leave the umbrella of the law and issue illegal decisions, thus violating the most important principle on which the modern state is based, which is the principle of legality, and to put the subordinate between two matters, the better of which is bitter, when he receives illegal administrative decisions he either squanders the principle of legality and adheres to the duty of obedience, or he wastes the duty of obedience and adheres to the principle of legality. The importance of our study is that it is newly established, in addition to that it examines all aspects of illegal administrative decisions issued by the public administration, which may result in harm to individuals, whether material or moral damage, and the extent of the administration’s responsibility to compensate for these decisions, being one of the Important and dangerous issues that must be emphasized, and because the lack of compensation for these illegal decisions leads to the protection of the affected category of their rights, and also leads to the dominance of the public administration and its issuance of administrative decisions without taking into account their legitimacy from their illegality. Through this importance of our study, in which we followed the comparative descriptive approach between Iraqi and Algerian legislation, we see to what extent it is possible to obey illegal administrative decisions? And the extent of the commitment of the subordinate public employee to obey these illegal administrative decisions? Which, after research and study, concluded that the employee is not just a machine that implements the legitimate and illegal decision, and that obedience is not absolute and blind obedience that deprives the subordinate of the discussion of the chief administrative officer, in case he departs from the principle of Legality, and deviates from the rules of the law to issue an illegal administrative decision, and obliges the subordinate to implement it, provided that the Iraqi legislator obliged the employee to respect and obey his boss and adhere to decency with him and not deviate from his orders, and he has only to warn the president that his order is illegal, so that he can escape from the responsibility.