The responsibility of the administration to compensate for moral damage caused by illegal administrative decisions" (A comparative study)

Abstract

Abstract : The current study aimed to clarify the administration’s responsibility for compensation for moral damage and how to file a compensation claim before the judiciary And it reached a number of results, the most prominent of which was, that the damages that befall individuals due to management is multiple, it may be material damage, meaning that it affects individuals in their money and private property, and it may be moral as it affects individuals in their reputation or dignity or causes them psychological pain, and the results of the study showed The origin of the nature of compensation, and the estimation of compensation for it, is to restore the situation to what it was before the occurrence of the damage, by returning the attacked objects to their owners if they existed and were not damaged, and the results also showed that the administrative provisions contained in Iraqi, Negative actions affect individuals' reputation and dignity, and may cause them psychological suffering. The results of the study showed that the primary goal of compensation is to restore the situation to what it was before the damage occurred, by returning the attacked property to its owners if it is still there and has not been damaged. The results also showed that there are administrative provisions in Iraqi, Jordanian, and Egyptian legislation that have achieved notable progress recently through the establishment of administrative courts. Based on what was mentioned in the study, the researcher recommended that Iraqi and Jordanian legislation should pay special attention to issues of deciding compensation and estimating it comprehensively, as many compensation cases are resolved through customary and tribal arbitration due to the long period of litigation in administrative courts, which forces those affected to accept estimates. Less compensation. He also stressed the importance of unifying texts related to the responsibility for compensation for moral damages in all laws that deal with this responsibility, given the significant legislative deficiency in administrative law that defines the rules of administrative responsibility and the administration’s relationship with its employees and its responsibility for their actions.