(رقابة القضاء الإداري على قرارات تعويض المتضررين جراء العمليات الإرهابية) )دراسة في قانون رقم 20 لسنة 2009 المعدل)

Rp-Judicial Judicial Oversight of Decisions Regarding Compensation for Victims of Terrorist Operations) (A Study of Law No. 20 of 2009, as .pdf

Abstract
This study is dedicated to examining the extent to which decisions made by committees responsible for compensating victims of terrorist acts are subject to administrative judicial review, and the degree to which such review aligns with constitutional principles and the guarantees established for the protection of rights and freedoms. We find that states are obligated to compensate victims of terrorist acts. This compensation is not based solely on legal grounds but also stems from a social principle that requires states to bear the harm inflicted upon their citizens. This led the Iraqi constitutional legislator, through Article (132/Second), which guarantees the state’s compensation for the families of martyrs and those injured in terrorist acts, to enact Law No. (20) of 2009, as amended. This law constitutes the primary legislative framework for regulating the rights of victims and the mechanisms of compensation, by specifying the competent authorities for receiving, reviewing, and issuing decisions regarding applications. However, the decisions of these committees have raised numerous legal issues, particularly concerning their legal nature, the limits of their discretionary authority, and the possibility of appealing them before the administrative courts.
This study analyzes the legal foundations of judicial oversight of the work of compensation committees, drawing on general principles of administrative law, rulings of the Administrative Court, and the oversight of the Supreme Administrative Court. It also seeks to identify shortcomings in the practical application of the Compensation Law, particularly concerning transparency, safeguards for investigation, the timeframe for adjudicating claims, and the criteria for assessing damages.
The study concludes that subjecting the decisions of compensation committees to judicial review is a fundamental guarantee for achieving administrative justice and preventing abuse. It contributes to protecting the rights of those affected and enhancing public trust in institutions. Furthermore, it presents a set of legislative and procedural recommendations aimed at developing Law No. (20) of 2009, as amended, to achieve greater effectiveness in the compensation system and ensure its consistency with the requirements of the rule of law and the principles of justice.