الخطأ كأساس للمسؤولية في مجال المنازعات الإدارية

الملخص EN

Pursuant to the rules of administrative liability based on fault, the victim may institute an indemnity action against the administration before an administrative court if the fault committed by the agent is a service fault.

On the other hand, if the fault committed by the agent is a personal fault, he shall be solely liable for the indemnity; in this case the victim shall bring his action before an ordinary court against the agent responsible for the damage.

However, the development achieved in the general system of administrative liability based on service fault led to the division of liability between the administration and its employees, i.e.

it eventually led to the gradual diminution of the legal value of personal fault in view of the extension of service fault, this is done through the application of new mechanisms of the judiciary system since 1911; liability is now divided in a balanced way between the administration and its employees, in which the responsibilities cohabit within the so-called “combination rule”.