State liability, public service, fault, damage, Council of State, jurisprudence, police activities, emergency rescue services, occasional collaboration, administrative judge
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Abstract
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Abstract
The Council of State's jurisprudence on the liability of public persons for damages caused by public services, including police activities and emergency rescue services.
Extract
[...] In this case, it is a matter of engaging the liability of the State on account of a girl's trip resulting from a lack of police services. In this context, it is the administrative judge who is competent to hear the contentious action of Mr. and Mrs. Jamet-Content. They will have to seize the territorially competent administrative tribunal in the context of a full contentious appeal in liability. However, prior to the referral of the administrative judge, Mr. and Mrs. [...]
[...] Jamet-Content and the fault of the commune is established in so far as it is indeed her husband, Mr. Jamet-Content, who died during the intervention at sea in order to provide assistance to a young man. In this case, The conditions for engaging liability are met. The chances of obtaining compensation are high. We will note that in defense, the commune could seek to exonerate itself from its liability or to attenuate it by demonstrating any possible imprudence of Mr. Jamet-Content, who, for example, may have overestimated his abilities. [...]
[...] What are her chances of success? In accordance with TC jurisprudence February 1873, Blanco, The administrative judge is competent to hear actions for liability directed against public persons on account of the damage that may be caused by the functioning of their public services. In this case, It is a matter of engaging the liability of the commune of Ré (public person) on account of damage occurring within the framework of public service, the emergency rescue service falling within the competence of the municipal police, whose mayor is the hierarchical superior. [...]
[...] If this defense were to succeed, a sharing of responsibility could then be considered. Third question : After being arrested at the Marignane airport, Françoise Jamet-Content is imprisoned within the Poissy establishment for sentences. A decision is made to transfer her to the Arles establishment for sentences following a plan to escape with another co-detainee. Yolande, her mother, wishes that her daughter contests this decision of transfer that keeps her far from her family residing in Garches. Is the appeal against the decision of removal receivable? [...]
[...] It is the case for public works contracts, by virtue of the law of 28 pluviôse an VIII. In this case, The contract concluded between the Hôpital de Garches and the company Garches travaux is similar to a public works contract which by virtue of the law of 28 pluviôse an VIII is legally administrative. The principle of the freedom of contract of public persons is formally recognized by the Council of State April 2009, Municipality of Olivet). However, administrative law being the expression of competences exercised in the general interest, the contractual freedom of public persons is relative. [...]
