Administrative Authority's Responsibility for Its Unlawful Decisions

When is the Administrative Authority Liable for Unlawful Decisions?

11 May 2026

Employees and stakeholders often wonder: If an unlawful administrative decision is issued against me and is annulled by the judiciary, is annulment sufficient, or do I also have the right to claim compensation? What if the administrative authority refuses to implement the annulment ruling? The Federal Supreme Court provides definitive answers to these questions in appeal number 707 of 2023 Administrative, during the session on March 20, 2024. Our office team reviews in this article the key decisions made by the court and their practical implications.

When is the administrative authority liable for its unlawful decisions?
Elements of Administrative Liability According to the Latest Rulings of the Federal Supreme Court

First: The Legal Basis for the Administrative Authority's Liability

The liability of the administrative authority for its unlawful decisions is based on the provisions of the Federal Civil Transactions Law No. (5) of 1985:

Article (282): "Any harm caused to others obliges the perpetrator, even if not distinguished, to compensate for the damage."

Article (283/1): "Harm can be direct or caused by negligence."

Article (292): "The compensation is assessed in all cases based on the damage suffered by the victim and the profit they missed, provided that this is a natural result of the harmful act."

Article (293/1): "The right to compensation includes moral damage."

Second: The Elements of the Administrative Authority's Liability

The Federal Supreme Court has determined that the liability of the administrative authority for its unlawful decisions is based on three elements, and liability is only established when all are fulfilled:

Element	When is it present?
Error	Issuance of an administrative decision tainted by one or more defects.
Damage	Material, moral, or emotional damages resulting from the defective decision.
Causal Relationship	The defective decision must be the direct cause of those damages.

If all three elements are fulfilled:The tort liability of the administrative authority is established, and it is obligated to compensate for the damages incurred by the victim.

Third: What are the defects of the administrative decision that constitute error?

The court identified the defects of the administrative decision that represent the element of error as follows:

Violation of the law or regulations or error in their application, interpretation, and reasoning.
Defect of lack of jurisdiction.
Defect of lack of cause.
Defect of lack of motive.
Defect of abuse of power or misuse of it.

Fourth: Facts of appeal number 707 for the year 2023 — refusal to execute the judgment

The appellant had a judgment issued in his favor to annul the administrative transfer decision. However, the administrative authority refused to execute this judgment for a full month, prompting him to seek compensation.

What the Federal Supreme Court decided:
The administrative authority's refusal to execute the annulment judgment issued in favor of the appellant constitutes, in itself, an element of error on its part, and causes material and moral damage that requires compensation — starting from the date of the annulment judgment, not from the date of the appeal judgment that ordered the suspension of execution.

Fifth: What the compensation includes — material and moral

The court decided that the due compensation includes two types of damage:

Material damage

The appellant's salary for the period of refusal.
His accrued vacation balance.
The insurance share and educational share for his children allocated for that period.
Litigation expenses.

Moral damage

The impact on the appellant's reputation due to the unlawful transfer decision.
The psychological pain that he and his family suffered due to the refusal to execute the judgment.

The court estimated the total compensation at100,010 dirhamsincluding both material and moral damages.

Sixth: Fundamental judicial principles established by the court

The principle	The content
Harm requires compensation	Any harm to others obliges its perpetrator to compensate regardless of their distinction
Compensation in proportion to the damage	Includes what the harmed party has lost in losses and what they have missed in gains and moral damage
Refusal to execute is an independent error	The administrative authority's refusal to implement the annulment ruling results in independent liability from the original decision.
The discretionary power of the court of first instance.	Extracting the error and assessing the causal relationship is within the jurisdiction of the court of first instance, provided that the damage is a necessary result of the harmful act.
Moral damage is compensable.	Psychological pain and the impact on reputation are rights legally guaranteed by explicit provisions in the Civil Transactions Law.

Important legal advice.

Do not settle for annulment:If a ruling is issued to annul the administrative decision, you have the right to claim compensation for the material and moral damages incurred during its validity.
Document the damage accurately:Keep salary statements, leave records, and any documents that prove the financial losses resulting from the decision.
Refusal to execute is an independent right:If the administrative authority refuses to implement the annulment ruling, this is an independent reason to claim compensation.
Do not ignore moral damage:Courts compensate for psychological pain and damage to reputation and its effect on the family.
Be sure to document the dates:The date for calculating compensation is a crucial issue — as the ruling clarified the difference between the date of the appeal ruling and the date of the annulment ruling.

The role of the lawyer in administrative compensation claims.

Assessing the legality of the administrative decision and identifying the legal defects that necessitate liability.
Drafting compensation requests and proving the three elements before the court.
Preparing expert requests to accurately calculate material damages.
Following up on the implementation of annulment rulings and confronting the administrative authority's refusal to execute.
Challenging rulings before the Federal Supreme Court when necessary.

Frequently asked questions.

Is it enough to annul the administrative decision without claiming compensation?

Annulment alone removes the decision from the date of its issuance but does not compensate for the damages incurred during its validity. The claim for compensation is an independent lawsuit that must be explicitly filed with proof of the three elements.

Can compensation be made for moral damage (psychological and moral) alone?

Yes. The Civil Transactions Law explicitly recognizes the right to compensation for moral damage, and the Federal Supreme Court has confirmed that psychological pain and the impact on reputation deserve independent compensation.

What if the administrative authority refuses to implement the annulment ruling?

Refusing to implement the ruling constitutes an independent error that establishes the liability of the administrative authority and allows for a claim for independent compensation that includes all income and benefits lost by the employee during the period of refusal.

From what date is compensation for refusal to execute calculated?

From the date of issuance of the annulment ruling that mandated execution, not from the date of the appeal ruling that ordered the suspension of execution — which was explicitly confirmed in the ruling in case number 707 of 2023.

Does the judge have the authority to assess the amount of compensation?

Yes, the extraction of the error, the assessment of the causal relationship, and the determination of the amount of compensation are within the authority of the court of first instance, provided that the damage is a necessary result of the harmful act and that the ruling is based on sufficient reasons.

Summary

The liability of the administrative authority for its unlawful decisions is based on three pillars: error, damage, and causal relationship.
Defects in the administrative decision include: violation of the law, lack of jurisdiction, absence of reason and motive, and abuse of power.
Refusal to implement the annulment ruling is an independent error that establishes liability and independent compensation.
Compensation includes material damage (salary, benefits, and litigation expenses) and moral damage (psychological pain and reputation).
Compensation is calculated from the date of the ruling mandating execution, not from the date of suspension of execution.

Legal Disclaimer:This article is for informational and educational purposes only and does not constitute legal advice. Each case has its own circumstances that may affect the legal classification and the resulting consequences.

Are you facing an unlawful administrative decision or need to claim compensation?

Whether you are an employee subjected to a transfer, dismissal, or abuse of authority, the teamAwaid Al-Muhairi Law Firm and Legal Consultationsis fully prepared to assist you in annulment and administrative compensation claims.