The assurance of Public Administrations patrimonial liability

A completely resolved issue after the reform of the Organic Law 19/2003?

Abstract

Until recently, the questions regarding the applicable legal regime, the procedure to be followed and the competent jurisdictional order to resolve the conflicts that arose when the Administration's patrimonial liability was covered by private insurance, were moved in an absolute vagueness. However, the latest regulatory reforms, although incomplete, have come to offer some light on these issues.

The purpose of this paper is to highlight the important advance in this area after the publication of the  Organic Law 19/2003, of December 23, Amendment of the Organic Law of the Judiciary, as well as the current state of play, both from a normative point of view, from a jurisprudential and doctrinal point of view, and what are the issues that may remain unresolved.