The generosity of “objective” administrative responsibility in Spanish law

Díez-Picazo, Luis María

The generosity of “objective” administrative responsibility in Spanish law - 2013.


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The contemporary system of administrative responsibility under Spanish law is primarily of a legislative origin: it was established by the law of 16 December 1954 on expropriation by reason of public utility, and its main elements still remain in force. This responsibility is objective in principle, in the sense that it does not require proof of wrongdoing. With the exception of certain areas, including health administration, even damages engendered by the normal functioning of public services introduce a right to indemnification. This is the main difference in comparison to extra‑contractual responsibility under private law, which normally requires proof of wrongdoing. In addition, it is not possible for victims to lodge an appeal against the civil servant or officer responsible, but the administration can eventually impose the burden of compensation upon this individual. Moreover, the system of administrative responsibility is uniform for all local authorities and all public institutions. Administrative responsibility disputes are brought before the administrative judge in Spain, including cases where the damage was caused by an administrative activity subject to private law. In other words, extra‑contractual responsibility under private law is never applied to administrations.

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