The Jurisdiction of a Claim for Compensation for Human Rights-Violating Deportation from the Country Orders and the Conditions for its Acceptance

Abstract

The state's responsibility for the actions of the administration has become a well-established rule today, whereby the state is responsible for compensating for damages resulting from the actions and decisions of the administration. However, the jurisdiction of the judiciary to consider compensation claims arising from administrative control decisions, including deportation decisions, raises questions about the actions that administrative cases are assigned the authority to decide on compensation for. If there is no doubt that the actions of the administrative body are subject to the supervision of the administrative judiciary, there are actions that go beyond the limits of administrative work, such that they are described as anger and unlawful aggression. Likewise, the administrative judge is the one competent to adjudicate compensation claims filed against the administration. There are exceptional cases in which the ordinary judiciary is competent to adjudicate them. Among these exceptional cases that go beyond the jurisdiction of the judiciary are what are called acts of sovereignty, as it becomes clear that the deportation decision, as an individual administrative decision, no longer raises the issue of whether it is considered an act of sovereignty or not, as it has been settled that these decisions go beyond being acts of sovereignty. It was also noted that the competent authorities in adjudicating liability claims in Iraqi law The Egyptian also noted the jurisdiction of the Administrative Judiciary Court in the case of a claim and compensation in two cases: the claim for compensation as an original and the claim for compensation as ancillary according to the claim for cancellation falls within the jurisdiction of the Administrative Judiciary Court. We note that the negative legislative judiciary jurisdiction to consider claims that are described as original and secondary with regard to the General Disciplinary Council and as an original with regard to the Administrative Judiciary Court has deprived a large group of individuals of an important means to compensate for the damages that have befallen them. This represents a major legislative deficiency that we hope the Iraqi legislator will meet in the future to grant both the General Disciplinary Council and the Administrative Judiciary Court jurisdiction to consider compensation claims as an original so that we can say that we have an administrative judiciary with general and comprehensive jurisdiction similar to the countries of dual judiciary, foremost of which are, of course, France and Egypt. The researcher has found out the basis of the state’s responsibility in terms of the lack of judicial jurisdiction in the claim for compensation for acts of sovereignty and the extent of their consideration of the Egyptian and Iraqi constitutions to prohibit the immunization of administrative decisions and acts from judicial oversight. It has become clear that The administration's responsibility and its claim for compensation are based either on the occurrence of a functional error or due to the idea of risks or the occurrence of an assumed error, and its administrative responsibility in Iraq is distinguished from that in Egypt in that the legislator has applied the rules of civil liability with regard to the administration's responsibility for the actions of its employees and its lack of responsibility and for the actions of others on the one hand, and that the idea of a functional error was not taken into account in determining the administration's responsibility, but rather the idea of an assumed error was taken into account on the other hand. The study also discussed the extent of the jurisdiction and competence of administrative cases to consider compensation claims in both Egypt and Iraq, and concluded that in Egyptian law, this jurisdiction is decided for the State Council, while in Iraq, the general rule in determining the jurisdiction of the administrative judiciary is its jurisdiction over compensation claims for damages caused by the administration's unlawful actions. Keywords: Compensation claim, the competent authority to adjudicate, conditions for accepting a compensation claim, capacity in the claim, interest in the claim, deadline for filing the claim.