Forms of Compensation When Amending an Administrative Decision (A Comparative Study)

The administrative judiciary has the authority to amend an administrative decision due to a defect in legality or proportionality. Amendment can be partial, affecting only a part of the decision, or total, encompassing all its elements by replacing it with a new and valid decision. Compensation may also be provided to redress any harm suffered by the appellant, if warranted. In Iraq, a claim for compensation is only admissible if submitted as a subsidiary claim to an application for amendment or annulment of the administrative decision. This differs from the French and Egyptian administrative judiciaries, where an appellant can submit a claim for compensation as a subsidiary or primary claim. The basis of the importance of this research is the extent of the effectiveness of the administrative judiciary in ensuring the legitimacy of the actions of the administration through judicial oversight, as its role is not limited to applying the law when considering appeals submitted to it, but rather creating new principles that carry solutions to these new disputes in the event that there is no applicable legal rule, because the administrative judiciary is a creative judiciary that invents solutions, so it has become necessary to have a jurisdiction for the administrative judiciary.