Administrative liability based on error in Emirati legislation and jurisdiction (a comparative study).

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

Administrative liability is one of the types of legal liability held by the administration or public or administrative bodies. The application of State responsibility and the principle of legality in the State is one of the manifestations of its State law and the rule that the State and the public administration are subject to the supervision of the judiciary in application and to ensure the application of the notion of the State of law and the principle of legality. Administrative responsibility has been constantly and increasingly defined by its State responsibilities before the judiciary as compensation. This is aimed at striking a balance between the State's interests on the one hand and the rights of individuals on the other. Today, State responsibility is a fundamental principle recognized in all States. In particular, in France, where the judiciary contributed to the establishment of the rules and controls of this liability, and through this study we first examined the damage to compensation caused by the administration's fault, Then the conditions to be met in this damage, as well as the characteristics of the formal and substantive compensation claim and the conditions for its submission and admission before the administrative courts, we have also reviewed the statutory limitations of the compensation claim and the application of the criteria for determining jurisdiction

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