Civil Liability of Public Employees for Damages Arising from Their Duties A Scientific Article by Assistant Lecturer Sakina Talib

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Civil liability of public employees is an important topic in administrative law, as it is directly related to protecting individuals' rights and ensuring the proper functioning of public services. A public employee may incur civil liability when they commit an error while performing their duties or because of their position, resulting in damage to others, provided that a causal relationship exists between the error and the damage. Civil liability is primarily based on three essential elements: fault, damage, and a causal relationship between them. An important distinction is made between personal fault and service-related fault. Personal fault may result in the employee being held personally liable, while service-related fault is associated with the functioning of the public service, with the administration generally bearing its consequences. The distinction between the liability of the public employee and that of the administration is important in determining the party responsible for compensation. It also contributes to achieving a balance between protecting public employees while performing their duties and protecting individuals from damages resulting from public activities. Introduction Public employees play an essential role in implementing administrative functions and providing public services. Their official activities may sometimes cause harm to individuals. Therefore, regulating their civil liability is necessary to protect the rights of injured parties while preventing employees from being personally liable for every error committed in the course of their duties. Elements of Civil Liability The civil liability of a public employee is based on three main elements: Fault: A breach of a legal or professional duty that the employee was required to observe. Damage: The harm suffered by an individual in relation to their property, rights, or legitimate interests. Causal Relationship: A direct connection between the employee's fault and the resulting damage. Employee Liability and Administrative Liability Administrative law distinguishes between personal fault and service-related fault. Personal fault reflects the employee's personal conduct or departure from the requirements of their official duties and may result in personal liability. Service-related fault is connected with the functioning of the public service or improper performance of its duties, in which case liability generally rests with the administration. In some situations, both the employee and the administration may share responsibility. Determining the nature of the fault and its connection with the employee's duties is therefore essential for identifying the responsible party and determining the appropriate compensation. Conclusion Civil liability of public employees is an important safeguard for protecting individuals from damages arising from the exercise of public functions. The occurrence of damage alone is not sufficient to establish liability; fault, damage, and a causal relationship must be established. Distinguishing between personal fault and service-related fault is also essential in determining whether liability rests with the employee or the administration. Almustaqbal University – The First University in Iraq