أركـان المسؤوليّةِ التقصيريّة في التعويضِ عن القرارِ الإداري السلبيّ غير المشرُوعِ (دراسة مقارنة)

Abstract

The subject of the pillars of administrative liability in compensation for a unlawful negative decision; is one of the important topics as it highlights the characteristics of a negative administrative decision and show the three main pillars of administrative liability; the breach, the injury, and the connection between them, the injury should be a direct result of illegality of negative administrative decision. It’s also contributed in clarifying the right of the victim in case of invalidated negative decision to have a compensation for the damages incurred as a result of the administration’s error as in accordance with the general rules of tort responsibility.The monetary compensation is the best way to redress the material and moral damages caused by the negative decision.  This paper shows the legislative shortcomings of the Iraqi legislator in this field The inaccuracy of the judicial rulings that dealt with the subject, and the necessity of upgrading them, similar to the provisions of the administrative judiciary in the comparative countries.