State liability, administrative police, liability for fault, liability without fault, public order, police activities, administrative law, Council of State, victim protection
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Abstract
The document discusses the State's liability for damages caused by its material police activities, examining the principles of liability for fault and without fault.
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[...] This State liability in police services was consecrated at the beginning of the 20th century, in the Tomaso Greco judgment rendered by the Council of State on February It is a reversal of jurisprudence of the Lepreux judgment" of January in which the Council of State considered that "the State is not, as a public power, and particularly in what concerns police measures, responsible for the negligence of its agents". This reversal is welcome in that it allows for securing police measures, giving them a framework. The question that arises in this case is the following: What are the contours of the State's liability due to the material activities of the police? [...]
[...] In order to answer this question, it is necessary to delve into the responsibility for fault of the State in the context of administrative police before studying, in a second time, the responsibility without fault of the State in the context of administrative police (II). The State's liability for fault in the context of administrative police: the principle The burden of proof resting on the victim - Tribunal of Conflicts, Blanco judgment February 1873: specificity of administrative liability - The victim must demonstrate the existence of a fault/illegal generating act, certain and financially assessable prejudice, and a causal link between the two - However, complexity of laws/regulations, case law reversals, etc. [...]
[...] The State's liability, otherwise known as administrative liability, refers to the obligation for the aforementioned State to repair the or the damage(s) it causes through either its activity or its agents. Administrative policing, on the other hand, is the administrative activity aimed at preventing the various disturbances to public order. The latter consists of public tranquility, public security, public health, and finally human dignity. Within the framework of this normative power, the police authority can issue individual and regulatory measures. This police act is unilateral (ordinance or decision). [...]
[...] What are the contours of the state's liability for the material activities of the police? - Introduction and detailed plan The State's Liability for the Material Activities of the Police According to Albert CAMUS, "The State can be legal but it is only legitimate when, at the head of the nation, it remains the arbiter who guarantees justice and adjusts the general interest to particular freedoms". This quote places the State as an adjuster of the general interest to great rights and freedoms. [...]
