Administrative Liability of the State for Unlawful Acts: An Applied Study in Light of Libyan Administrative Judiciary

Abstract

This study examines the administrative accountability of the state for illegal activities within the Libyan legal system. It emphasizes the importance of administrative responsibility as a fundamental pillar of justice, the rule of law, and the protection of individual freedoms. The study aims to analyze Libyan judicial trends in this area, clarifying the theoretical and legal basis for this obligation. It analyzes the core legal documents and court decisions issued by the Libyan administrative judiciary, employing a descriptive, comparative, and analytical approach. Alongside a review of relevant legal and philosophical materials, the study focuses on some recent court decisions. The findings reveal the absence of a clear and consistent definition of administrative accountability in Libya, leading to inconsistencies in judicial application. While comparative ideas from the French and Egyptian systems are used to some extent, the distinction between institutional and personal fault remains difficult to achieve in order to achieve administrative justice. The study also highlights the lack of explicit legislative texts, the diversity of judicial interpretations, and the inadequacy of enforcement procedures in achieving a balance between protecting individual rights and the public interest. Furthermore, it aims to enhance public trust in state institutions and develop Libyan legal thought in the field of administrative responsibility. The study offers practical recommendations for developing the legislative and judicial framework. These recommendations include enacting specific legislation that defines the scope of responsibility and compensation mechanisms, unifying judicial standards, and strengthening the independence of the administrative judiciary. Training and qualifying judges and administrators, establishing a database of rulings, activating implementation mechanisms, benefiting from comparative experiences, and including specialized courses in university curricula.