Hala Gh. A. The Consequences of Compensation Judgments and the Administration’s Refusal to Enforce Them

Abstract

This research addresses the topic of compensation in administrative judiciary and its legal implications. It begins with a preliminary section discussing the compensation claim in terms of its definition, characteristics, conditions, and importance as a legal remedy aimed at redressing the harm suffered by individuals due to unlawful administrative decisions, particularly those affecting public employees.

The study focuses on the legal effect of compensation judgments and analyzes the various dimensions of compensation—both material and in-kind—while outlining the legal basis upon which the judiciary relies when issuing compensation rulings. The research also examines the judicial and procedural mechanisms related to the enforcement of compensation judgments, highlighting the critical issue of the administration’s refusal to execute such rulings and the legal means available to compel compliance, with reference to comparative legislation (French, Egyptian, and Iraqi legal systems).

The study concludes that the legal effect of a compensation judgment is not fully realized unless it is accompanied by actual enforcement. The administration’s failure to execute judicial rulings constitutes a grave breach of the principle of the rule of law and entails multiple legal liabilities, which may be criminal, disciplinary, or civil in nature. The study recommends enhancing enforcement effectiveness by introducing more efficient legal mechanisms to ensure the execution of judicial decisions, such as coercive fines, and expanding the powers of the administrative judiciary to monitor and guarantee the enforcement of its rulings by the executive authority.