The Transformation of the Legal Basis of Administrative Liability for Public Employees’ Errors in Administrative Contracts: A Comparative Study in Light of the Evolution of Administrative Judiciary and Public Governance

This article examines the transformation of the legal basis of administrative liability for public employees’ errors within the framework of administrative contracts, in light of the evolving role of administrative judiciary and the growing influence of public governance principles. The study addresses a central question concerning the adequacy of the traditional fault-based approach whether personal or functional in responding to the increasing complexity of administrative contractual activity, and whether this approach has shifted toward objective forms of liability grounded in risk allocation and damage compensation. Adopting a descriptive-analytical methodology combined with a functional comparative approach, the research analyzes recent doctrinal developments and judicial trends, with a comparative focus on the administrative judiciary in France, Egypt, and Iraq. The findings demonstrate that exclusive reliance on fault-based liability is no longer sufficient to ensure effective legal protection for contractors and third parties, particularly in technically complex administrative contracts. In contrast, comparative administrative jurisprudence has increasingly embraced risk-based liability as a mechanism to achieve contractual justice and balance public interests with individual rights. The study concludes that this shift in the legal foundation of administrative liability does not undermine the principle of legality; rather, it represents its modern application in accordance with the protective function of administrative justice and contemporary standards of public governance. Accordingly, the article recommends the development of Iraqi administrative jurisprudence to better align with these comparative trends.