المسؤولّية الإداريّة عن اضرار تراخيص الهاتف النقال ‏‎ ‏(دراسة مقارنة)‏

Admiuistrative Responsibility for The damage to ‎The Moile Phone Licenses ‎

Lesson is the communication facility in Iraq a vital facility, which, if used according to the legal mechanisms of discreet, there is no doubt that it will reflect positively on all the government can get the profits financed the general budget and controls the contacts and controls the frequency spectrum including prevent illegal uses of therefore providing protection to citizens of damage to health and seems not providing the greatest of unique services all this depends on the legal rules governing the licenses of mobile phone sets granted hand and control over their use liability altogether.

Is the frequency spectrum of public funds, which must preserve the state it is recognized that the multilateral means enjoyed by the Department to maintain such funds is the administrative licensing law, which is based on the suspension of the exercise of activity on the administration approval this license is an administrative decision of the information and communications watershed and all the chief of staff of the administrative decision.

It follows that the license of the mobile phone as an administrative decision several effects and these effects is that the company will exploit the ether or the frequency spectrum through the towers of the mobile phone which transmits the rays of non- ionized radiation that invites multiple health hazards which causes damage to citizens since the authority of public information and communications are responsible for the granting of the license for companies to participate with several focal points or responsible for the supervision of companies in the case of abuse of the license they have evacuated the duty of control which raises the administrative responsibility.

The administrative responsibility for damage license are subject to the general rules of responsibility in which might be the responsibility on the basis of wrong based on three pillars, namely the mistake and the damage and causal relationship between the mistake and the damage but that the responsibility on the basis of wrong may not work as a result of the pace of developments in the field of communications technology which requires the introduction of the theory of risk and liability of the substantive character yourself in the public system and supplementary responsibility for any that the judge is not used only if the wrong theory.

In return for investigating the administrative responsibility of the complaint to the public information and communications should be individuals the right to compensation and seems not request the administration to oblige the companies to change the way the use of the license or remove the source of the damage and seems not to achieve those responsibility, individuals defense means more effective the right to resort to the judiciary to cancel the license or modified.