New tendencies of liability in administrative law
New tendencies of liability in administrative law

Author(s): Elena Emilia Ştefan
Subject(s): Law, Constitution, Jurisprudence, Comparative Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Constitution; legal liability; ecological damage; administrative law; tribunal;
Summary/Abstract: In the recent years, we are witnessing a formidable evolution of the legal concepts. Regardless of the legislative system we are in, one of the very current subjects is legal liability in the citizen’s relationship with the state. The tendency we are currently identifying is that liability has an increasingly interdisciplinary character. It is important for law practitioners to know that in comparative law an interference of liability is seen between several branches of law, for example, administrative law and environmental law, due to the recent contribution of jurisprudence. Thus, in France, in a recent matter, very broadly presented in the media, the Paris Administrative Tribunal established the state’s liability for ecological damage caused to private persons. The direct impact of this favorable court decision was immediate, leading to legislative changes. The object of this study is to analyze the interdisciplinary character of legal liability, with a focus on liability in administrative law. By means of the research methods employed in this article, we shall analyze the relevant legislation, doctrine and jurisprudence, in order to capture the tendencies of liability in administrative law, from the national perspective, as well as from the viewpoint of comparative law.

• Details
• Contents