State Liability in Spain

State Liability in Spain: Understanding Administrative Patrimonial Responsibility

In Spain, administrative patrimonial responsibility is a key legal principle that ensures citizens have the right to be compensated for damages caused by public administration actions. This means that if a citizen suffers harm due to an administrative act—whether by action or omission—they can claim financial compensation.

This principle is enshrined in Article 106.2 of the Spanish Constitution, which states that individuals have the right to be indemnified for any damages suffered in their assets and rights as a result of public service operations.

The Law 40/2015, of October 1, on the Legal Regime of the Public Sector, regulates this right and sets out the procedures and requirements for claiming compensation. A fundamental aspect of this responsibility is that it is based on objectivity and fairness, meaning that the administration must act diligently and compensate for any harm caused by its actions.

In summary, state liability in Spain ensures that citizens can seek financial compensation for damages resulting from public administration activities, safeguarding their rights against governmental power.