The generosity of “objective” administrative responsibility in Spanish law (notice n° 552887)
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005 - DATE AND TIME OF LATEST TRANSACTION | |
control field | 20250121120904.0 |
041 ## - LANGUAGE CODE | |
Language code of text/sound track or separate title | fre |
042 ## - AUTHENTICATION CODE | |
Authentication code | dc |
100 10 - MAIN ENTRY--PERSONAL NAME | |
Personal name | Díez-Picazo, Luis María |
Relator term | author |
245 00 - TITLE STATEMENT | |
Title | The generosity of “objective” administrative responsibility in Spanish law |
260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
Date of publication, distribution, etc. | 2013.<br/> |
500 ## - GENERAL NOTE | |
General note | 22 |
520 ## - SUMMARY, ETC. | |
Summary, etc. | 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. |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | direct responsibility |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | causality |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | unlawful damage |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | Spain |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | Administrative responsibility |
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
Topical term or geographic name as entry element | strict liability |
786 0# - DATA SOURCE ENTRY | |
Note | Revue française d’administration publique | o 147 | 3 | 2013-11-12 | p. 653-664 | 0152-7401 |
856 41 - ELECTRONIC LOCATION AND ACCESS | |
Uniform Resource Identifier | <a href="https://shs.cairn.info/journal-revue-francaise-d-administration-publique-2013-3-page-653?lang=en&redirect-ssocas=7080">https://shs.cairn.info/journal-revue-francaise-d-administration-publique-2013-3-page-653?lang=en&redirect-ssocas=7080</a> |
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