نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The civil liability of administrative employees for erroneous decisions and wrongful acts is an important issue in the legal systems of Iran and Iraq, directly affecting the protection of citizens’ rights, the achievement of administrative justice, and the strengthening of public trust in executive authorities. Adopting a comparative approach, this study examines the principles and legal foundations governing the civil liability of administrative employees, the conditions for establishing such liability, and the methods of compensation for damages, including material and moral damages and restitution to the status quo ante, in the two legal systems. The findings indicate that both legal systems, despite differences in their legislative frameworks and enforcement mechanisms, recognize the principle of compensating for damage arising from wrongful acts and emphasize the need to protect individuals’ rights. Nevertheless, differences exist between the two systems regarding the burden of proving fault, the determination of the scope of liability of administrative employees and public entities, the independence and effectiveness of supervisory and judicial authorities, and the range of available remedies for damages. Furthermore, legislative ambiguities and gaps, weaknesses in certain oversight mechanisms, and limitations in enforcement may complicate and delay the adjudication of claims and the compensation of injured parties. Accordingly, this study analyzes the existing legal provisions and institutional mechanisms from a comparative perspective and, with reference to appropriate models for protecting citizens’ rights, proposes measures to enhance administrative accountability, increase transparency, and improve the effectiveness of compensation systems. Reforming and harmonizing legal provisions, strengthening the independence and effectiveness of supervisory institutions, expanding electronic administrative systems, making appropriate use of civil liability insurance, and improving the legal and professional training of administrative employees are among the proposed measures to reduce administrative errors and strengthen public trust.
کلیدواژهها English