الفهرس 
الباب التمهيدييوجد فقط 14 صفحة متاحة للعرض العام
 |  | from | 264 |  |  |
| | | from | 264 | | |
المستخلص
A member of the legislative authority, like other human beings, is responsible for his actions. He is vulnerable to committing mistakes while performing his job, as his actions may result in harm to others. Accordingly, he must then be responsible for that, and as long as this responsibility is within reasonable limits, it does not diminish. Of the members of the legislative authority or the value of his work. In this context, legislation has regulated civil liability with general and detailed provisions that apply to all citizens, regardless of their positions. However, despite this, the obligations of a member of parliament in his parliamentary capacity raise the problem of the possibility of holding him civilly accountable in the context of his parliamentary work, as the type of harm that he causes in the context of performing his parliamentary obligations is what distinguishes his civil liability from that of individual people. What is characterized by its gravity is the widening of the circle of affected people (the people), and its coming from a person who has a representative position, and the type of error is unimaginable for it coming from him except in his parliamentary capacity. The state’s enjoyment of its sovereignty entails an important result, which is the application of its law to all persons present in its territory (land, sea, air) in accordance with what is applicable under the rules of international law, regardless of the nationality of those persons residing in its territory, whether they are citizens who hold the nationality of the state in which they are located. its territory or foreigners who hold a foreign nationality of one of the countries as long as they are present on the territory of the country legally. However, some criminal and civil laws exclude many persons or groups from being subject to their provisions and it is not permissible to take legal measures against them, due to the characteristics they possess and the duties and obligations they carry out. Among these groups or persons are members of the Legislative Council (members of Parliament), and their non-submission is considered Accountability has an exception to the general rules, and this exception may be included in constitutional texts, ordinary laws, or both, and this is what the Iraqi legislator has taken into account. In order for a member of the Legislative Council to carry out his parliamentary duties, the Constitution stipulates that he is excluded from being subject to the provisions of the criminal and civil law within a specific framework, which falls within the framework of parliamentary work through the substantive and procedural immunity assigned to him in accordance with the law. However, this immunity is limited to opinion and expression within the limits and framework of work. Parliament and during its session, even if this is accompanied by insult, slander or insult. The personal tort liability of a member of the Legislative Council is based on compensation for the damage that befalls others as a result of the member of the Legislative Council breaching his legal obligation, and the basis of this liability is the law. It is the law that determines its scope and provisions. The Iraqi legislator also did not include provisions in the Civil Code regarding the personal tortious liability of a member of the Legislative Council, which means the necessity of referring to the general rules. On this basis, the responsibility of a member of the Legislative Council is a personal tortious liability, given that the nature of the responsibility of a member of the Legislative Council derives its provisions from the general rules in the law. Civil law requires that a member of the Legislative Council be obligated to exercise caution and caution in his actions, and any breach of this obligation requires him to be held accountable in accordance with the provisions of personal tort liability. When a member of the Legislative Council breaches the obligation imposed on him by law, in a way that leads to harm to others, then his personal negligent liability arises, and he is required to compensate for the harm. Firstly. the importance of studying: Legislative authority, whether one chamber or two chambers, is one of the most important aspects of a democratic society, as the most important values of freedom, equality, participation in political life, and the rule of the people are embodied through it. Talking about the legislative authority leads us to appreciate an established fact, which is that a member of the legislative authority represents all members of the nation or the people, and this representation appears through the representative’s commitment to his responsibilities and duties. Therefore, the importance of the study is to clarify the extent to which a representative can be held civilly accountable when he breaches his parliamentary duties. Therefore, the importance of this study is as follows: - Clarifying the impact of introducing a system of civil accountability for members of the legislative authority, in accordance with a new developed judicial system, which ensures, guarantees and enhances the confidence of opponents in that judicial system, as a house of justice and the realization of rights for members of society that may be subject to violation. - Explaining the basic points of the issue of civil liability for members of the legislative authority as it is a new issue in law, jurisprudence, and the judiciary, in addition to the scarcity of jurisprudential references and judicial applications that touch on the subject. - Defining the nature of the responsibility of members of the civil legislative authority, clarifying it in Iraqi legislation and in some comparative legislation, identifying the shortcomings and deficiencies in it, and what should be added to it, and explaining how to benefit from comparative legislation. - Coming up with clear visions, practical perceptions, and logical results that help remove any ambiguity, shortcomings, or the like that marred this topic. secondly. the study Problem: The main problem of this study emerges in relying on general rules of responsibility instead of creating special rules to address the civil liability of members of the legislative authority for damages that may befall opponents, given that members of the legislative authority violate rules that are inconsistent with parliamentary behavior, which requires showing the rules and controls that govern such matters. Legislative deficiency, within certain limits that take into account the nature and value of parliamentary work, in addition to surrounding this issue with a set of sufficient guarantees that guarantee parliamentary work’s neutrality and independence. Comparative legislation has regulated civil liability with general and detailed provisions that apply to all citizens, regardless of their places and positions. However, the obligations of a member of parliament in his parliamentary capacity raise the problem of the possibility of him being held civilly accountable in connection with his parliamentary work. On the other hand, the problem is represented by the scarcity of legal research that addresses the responsibility of members of the civil legislative authority, the permissibility of disputes with them, and the lack of judicial rulings that address it. In fact, the legal regulation of this responsibility in comparative legislation has been elaborated and complex in many years.