Legal protection for the victim between civil and administrative liability
Legal protection for the victim between civil and administrative liability
2026-05-22
The College of Law and Politics at the University of Human
Development held a panel on 'Legal protection for the victim between civil
liability and administrative liability: a study in light of the Iraqi Civil Law
No. (40) of 1951 and the theory of risks in administrative judiciary' at the
Seminar Hall on 19 May 2026. The panellists were Lect. Rawsht Muhammed Amin from the Law
Department at UHD and Dr Bilal Mahmood from Sulaimani University. They
discussed the issue under the following subtopics: 'The role of administrative
courts in establishing the theory of risk as a basis for administrative
liability without fault' and 'Legal protection of the injured party in civil
liability - a study in Iraqi civil law.' The core argument centred on the responsibility and
liability of state administrative agencies when harm is inflicted on someone
while carrying out administrative activities. The idea is that there needs to
be a new understanding of the responsibility and liability of state agencies
concerning citizens who may suffer injuries due to the former's behaviours,
whether deliberate or negligent. Due to the expansion of public administration activities,
especially after the change of the role of the state from 'guardian state' to
'intervening state' and the emergence of different types of public
institutions, individuals may be harmed, and their rights and freedoms
violated, at a time when administrative behaviours and actions are considered
legitimate and aligned with the texts of the law and the principle of
legitimacy. Hence, the need to establish public administrative responsibility
based on the 'theory of risks' by compensating victims is crucial, as it establishes
the principle of social justice. It is an undeniable fact that the broader and greater the
judicial protection for personal interests is, the stronger the foundations of
the rule of law are; hence, the importance of judicial oversight as a guarantee
for the protection of individual rights and freedoms through its role in
establishing the theory of risks for the administration to be held responsible
for its actions.