Moral damages in comparative administrative law
Moral damages in comparative administrative law

Author(s): Elena Emilia Ştefan
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Comparative Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; the Council of State; liability; moral damages; public service;
Summary/Abstract: At present, the national legislation does not provide criteria for assessing the moral damages for prejudice suffered by the victim of an activity of the administration. In this sense, the judge will be the one who will analyze on a case-by-case basis whether he will grant moral damages and in what amount. We are currently witnessing an interference of civil law with administrative law regarding the forms of administrative-patrimonial liability. From this perspective, the present paper aims to analyze the case-law of French law in order to outline such a tendency of the judge, whether from the Administrative Court or the Council of State, on whether or not to grant moral damages arising from the idea of risk in the activity of public administration. Through law-specific research methods, we will investigate two current cases that can provide an insight into the contribution of case-law to shaping the legal regime of administrative liability. This highlights the way in which the administrative judge grants moral damages if the state is held liable sans faute. From this point of view, the topic is interesting for legal specialists who will find in this paper information about the practical applicability of the concept of administrative liability.

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