Compensatory risk taken into account by Government and recourse actions relating to Government agents: the case of the Ministry of Defense
Landais, Claire
Compensatory risk taken into account by Government and recourse actions relating to Government agents: the case of the Ministry of Defense - 2013.
18
Through this account, Claire Landais presents the work of the Ministry of Defense’s Legal Affairs Directorate, specifically responsible for managing litigation cases following damages caused by agents falling within the remit of the administrative judge or court judge. Landais examines the way in which the directorate takes into account compensatory risk and develops the practice of use of transactions to avoid litigation for damages. With regard to defense, strict liability regimes appear to be particularly important, but areas of irresponsibility still remain. In addition, if the Ministry of Defense offers its agents the legal protection to which they are entitled, recourse actions, in the event of personal misconduct not devoid of any connection with the service, are indeed implemented.
Compensatory risk taken into account by Government and recourse actions relating to Government agents: the case of the Ministry of Defense - 2013.
18
Through this account, Claire Landais presents the work of the Ministry of Defense’s Legal Affairs Directorate, specifically responsible for managing litigation cases following damages caused by agents falling within the remit of the administrative judge or court judge. Landais examines the way in which the directorate takes into account compensatory risk and develops the practice of use of transactions to avoid litigation for damages. With regard to defense, strict liability regimes appear to be particularly important, but areas of irresponsibility still remain. In addition, if the Ministry of Defense offers its agents the legal protection to which they are entitled, recourse actions, in the event of personal misconduct not devoid of any connection with the service, are indeed implemented.
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