Civil liability of a judge for judicial error in Iraqi law

Abstract

This study examines the civil liability of judges in Iraqi law, one of the most prominent legal topics that balances the protection of individual rights and ensuring judicial independence. The study aims to define the concept of judges' civil liability and its legal foundations, clarify the conditions and elements of this liability, as well as the procedures and legal consequences arising from errors committed by judges in the performance of their duties.

The study is divided into three main sections. The first section examines the concept of judges' civil liability and its legal foundations, focusing on the legal definition of liability, its characteristics, and the scope of liability, which includes intentional and unintentional errors. The second section reviews the conditions and elements of judges' civil liability, clarifying the role of judicial error, damage, and the causal relationship between them as the basis for establishing liability. The third section discusses the procedures for filing a lawsuit against a judge and the legal consequences of civil liability, including the competent authorities, the conditions for filing a lawsuit, the compensation awarded, and the impact of this liability on judicial independence.

The study concludes that judges' civil liability is a legal necessity to protect the rights of harmed individuals, but it requires a careful balance to avoid compromising judicial independence. She also pointed out the importance of having clear texts and precise legal procedures to define the scope and elements of liability, which contributes to reducing judicial errors and ensuring justice.