Analysis of Administrative Liability Arising from the Fault of Administrative Authorities in the Legal Systems of Iraq and Lebanon

Abstract

This study aims to analyze administrative liability arising from administrative fault in the legal systems of Iraq and Lebanon. It examines the constituent elements of such liability, namely fault, damage, and the causal relationship, while also clarifying the manifestations of administrative fault (fault attributable to the public service) and personal fault, as well as their effects on determining the authority responsible for compensating the injured party. The significance of the study lies in assessing the adequacy of the statutory rules and judicial practices of the two countries in protecting individuals’ rights against damage resulting from administrative actions, while also maintaining a balance between the requirements of the public interest and the necessity of compensating individuals for losses sustained. The present study employs descriptive-analytical and comparative methods through the analysis of statutory texts, legal scholarship, and relevant judicial decisions, as well as a comparison of the approaches adopted by the Iraqi and Lebanese legal systems regarding administrative liability and compensation for damage. The findings indicate that, in both legal systems, the establishment of liability is contingent upon the existence of fault, damage, and a causal relationship. However, differences exist between the two systems in the manner in which administrative fault is determined and distinguished from personal fault. The study further demonstrates that Lebanese judicial practice provides greater clarity in recognizing the principle of concurrent administrative and personal fault and in apportioning liability between them. By contrast, Iraqi judicial practice relies to a considerable extent on general legal rules and court-appointed expert assessments in evaluating damage and determining the amount of compensation. Furthermore, establishing causation, particularly in cases involving environmental damage, health-related harm, and damage arising from contemporary administrative activities, constitutes a major challenge. This highlights the need for the further development and refinement of legislative and judicial rules in both countries in order to strengthen the legal protection afforded to injured parties and to ensure their entitlement to fair compensation.