أسس المسؤولية الإدارية عن الأضرار البيئية : هل حان الوقت للبحث عن أساس جديد

الملخص EN

The administrative liability for environmental damages has long been based on traditional principles (error and risk).

Considering the fact that the risks of these damages are increasing, comprehensive and irreversible, this study aims to determine the extent at which the traditional principles apply to the exceptional characteristics of the environmental damages, and whether it is necessary to develop a new principle that fits its nature.

The results have revealed that the traditional principles no longer apply to all the characteristics of environmental damages, in which case the results support the addition of a new principle to be termed liability without damage that would allow the judge to question the administration about its decisions of which the implementation would cause serious environmental damages.