Overview and prospects of liability in public administration

Abstract

This article provides a general reflection on the Spanish system of liability of public administrations, considering both its historical development and its role within the framework of the rule of law. Starting from its constitutional and statutory foundations, the author critically examines the structural elements of the system—particularly the notion of unlawful damage—and the tension between fault-based liability and strict liability. Through an analysis of case law and several paradigmatic cases, the study highlights interpretative difficulties, casuistry, and the risks of legal uncertainty arising from an overly broad understanding of objective liability. The paper concludes by advocating a functional approach to administrative liability as a guarantee for individuals, a mechanism of administrative control, an exceptional form of risk insurance, and, in certain cases, the cost of legitimate public policies, stressing the need to maintain a balance between individual protection, administrative effectiveness, and systemic coherence.