Introduction:<br />The civil liability of the employee is considered a fundamental topic in administrative and civil law due to its direct impact on the relationship between the employee and the administration on one hand, and between the administration and the citizen on the other. This liability pertains to the legal consequences arising from an error committed by the employee during the performance of their duties, especially if such an error causes harm to others.<br /><br />First: The Concept of Civil Liability of the Employee<br />Civil liability refers to a person’s obligation to compensate for damage caused to others due to a harmful act. When it comes to an employee, liability arises if the employee commits an error while performing their job duties, resulting in material or moral harm to a citizen or another party.<br /><br />Civil liability is divided into:<br /><br />Personal liability of the employee: This falls on the employee personally in cases of gross error, bad faith, or actions outside the scope of their authority.<br /><br />State or administrative liability: The state bears responsibility for errors committed by its employees during their official duties, unless the error is gross or entirely disconnected from the function.<br /><br />Second: Conditions for Establishing Civil Liability<br />For civil liability to be established, the following conditions must be met:<br /><br />Existence of an error by the employee: This may include negligence, abuse of power, or breach of duty.<br /><br />Occurrence of harm to others: Whether material (e.g., property damage) or moral (e.g., damage to reputation).<br /><br />Causal link between the error and the damage: The damage must be a direct result of the employee’s error.<br /><br />Third: Distinction Between Civil, Disciplinary, and Criminal Liability<br />Civil liability aims to compensate the injured party.<br /><br />Disciplinary liability seeks to penalize the employee within the workplace according to internal regulations.<br /><br />Criminal liability pertains to acts criminalized by law, such as bribery or forgery.<br /><br />In certain cases, the employee may be subject to more than one type of liability simultaneously.<br /><br />Fourth: Judicial Approach to Civil Liability of the Employee<br />Administrative courts in many countries tend to hold the state accountable for the actions of its employees in order to protect the victims, while retaining the state’s right to recourse against the employee in cases of deliberate or gross misconduct. The principle of "liability without fault" is sometimes applied, especially in sensitive public services such as health, education, and transportation.<br /><br />Fifth: The Impact of Liability on Public Service<br />Enforcing civil liability serves as a tool to ensure that employees properly perform their duties. However, excessive personal liability may lead employees to refrain from making decisive decisions. Therefore, a balance must be struck between protecting the employee and ensuring justice for the harmed parties.<br /><br />Conclusion:<br />The civil liability of the employee is an important safeguard for individual rights and a means to regulate administrative behavior. It is thus necessary to establish clear legal mechanisms that balance accountability with legal protections, in a way that serves the public interest, protects citizens' rights, and preserves the dignity of the employee.<br /><br /><br /><br />"AL_mustaqbal University is the first university in Iraq"<br/><br/><a href=https://uomus.edu.iq/Default.aspx target=_blank>al-mustaqbal University Website</a>