Legal Basis for Administrative Responsibility for Its Actions Without Errors and Compensation for Them A Comparative Analysis

Abstract

This research is titled as [The legal basis for administrative responsibility for its actions without its fault and compensation for them (comparative analytical study)] that focuses on the liability of the state for the actions of the administration, which is divided into; the liability of the administrative error, and the administrative liability without being at fault in the fields of annulment action, the protection of the principle of legality, and compensation for the damages inflicted on individuals. Damage may result on the basis of the administration’s error, and sometimes damage may result on the basis of its non-error. The State may accept liability for the administration's faultless action, i.e. responsibility for the administration's lawful actions. In specific cases, when liability requires that the legitimate action has to be issued by the administration resulted in the occurrence of the damage, which further requires the justifications for accepting such responsibility, and on what ground the compensation should be made. The liability may be on the basis of (risk theory) and alongside the theory of equality before public burden, which is explained in light with the legislation and provisions in France, Egypt and Iraq. Some jurists see the need for compensation mechanism that binds the state through administrative courts within a limited scope, regardless if the error occurred in its illegal actions or in the absence of an error in its illegal actions.