Scope of application of the administrative and judicial- administrative procedure for the liability of the public administrative

Abstract

This paper sets out the exceptions to the requirement to initiate administrative proceedings in order to claim the Administration’s liability and to the general jurisdiction of the contentious-administrative courts to declare such liability. It reviews the different types of administrative liability and those that are exempt from these rules, as they differ from non-contractual liability. It analyses the public sector entities to which this legal framework applies and those whose liability is determined by civil courts without the need for prior administrative proceedings. The special features of cases in which the liability of an administration coincides with that of individuals or other administrations, including that of the European Union, are highlighted. The particularities of cases where damage occurs in the execution of administration contracts are also addressed. Finally, the paper examines what happens when the administration has liability insurance.