Guia de la responsabilidad patrimonial de la Administración Local

administracion local

Article 106.2 of the Constitution establishes the responsibility of local government for injuries sustained by individuals during public service

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The entrance is a brief review of the financial liability of local governments.

regulatory framework of the responsibility of the Local Administration

This obligation is known as liability of the Public Administrations, and it is mainly regulated by the Law 40/2015, of 1 October, de Régimen Jurídico del Sector Público (onwards, LRJSP).

And the embroidery, the procedure to require such liability follows the channels of the common administrative procedure, certain particularities. Thus, It is regulated by the Law 39/2015, of 1 October, Administrative Procedure Common Public Administration (onwards LPACAP).

Last, when the administration which aims imputed responsibility is local, Law comes into play 7/1985, of 2 April, regulating the Bases of Local Government (onwards, LBRL).

In this sense, they are relevant regional laws, to the extent that determine the distribution of powers, and those state regulations for which powers attributed to local authorities.

local entities

Local entities are considered both municipalities, provinces and islands como las counties, metropolitan areas and associations. In any powers conferred, the municipalities, provinces and islands have broad powers and legal capacities.

Such skills can be attributed own or can come by delegation. In any case, Article. 7 LBRL stipulates that exercised "in regime of autonomy and under its own responsibility”.

Namely, is within the exercise these powers where local authorities are responsible for the compensable damages that may cause individuals, their property or their rights.

Special features of the liability of local government

The powers of local authorities are LBRL defined in different regional and state standards. The procedure to require the financial liability for the exercise of these powers works like any other procedure in liability of the Public Administrations.

Perhaps the only notable peculiarity be a higher incidence among several administrations in cases of liability. A la vez, the complexity in determining the responsibility of the local authority does more than advisable to seek the advice of a lawyer liability of the Administration.

The most common cases of liability of the local government are falls pedestrian when driving on public roads when it is in poor condition. It is also common that this responsibility is required when the poor condition of the road surface It causes an accident of vehicles in circulation or when the poor condition of urban vegetation leads to the fall of a branch on a viandante.

Competences of the municipality and some examples

Article 25 determines LBRL competences of the municipality, While these are or not exercised by it according to their population size, the ability of public finances and state and regional regulations.

In any case, municipal powers to general features are as follows.

Town planning

The municipality is responsible for planning, manage and run the planning policy. It is including the protection and management of heritage and subsidized housing.

Therefore, a particular injured by the fraudulent assigning a VPO could require the liability of the local authority. The same applies to he who initiated proceedings based on a municipal urban action subsequently annulled.

Environment

The powers of the municipality cover both waste management and protection against pollution in a broad sense as parks and public gardens.

Therefore, the parents of a child who was cut with a glass deposited under a bush in a public park may require the liability of the local authority.

Running water

The municipality is also responsible for supplying homes with drinking water and to evacuate and treat wastewater.

Implying that intoxication through the drinking water supply awaken the obligation to compensate for part of the municipal entity.

public roads and other equipment

The municipality is competent to manage road infrastructure. Therefore, also be responsible for injuries that others suffer as a result of the poor state of the same.

It is the typical case of a biker falls to be trapped in a sinkhole vehicle, liability may require the local authority.

People at risk of social exclusion

Municipal entities are responsible for the care of people at risk of social exclusion. But the liability in this regard is very difficult to determine.

However, we must bear in mind that public authorities handle projects of social or educational intervention. Thus there is no doubt that in these cases the local authorities would have a liability as Contracting Authority.

Public security

The municipality meets competitions Local police, Civil protection and prevention and fire fighting. This means that assets could be responsible for an improper action by a particular suffered at the hands of a local police, without prejudice to the subsequent purification of disciplinary and criminal liabilities.

In the same way, the local authority shall be liable for any damages cause a fire in the property of a particular omission when distress should, prevention deficient or abnormal intervention of the fire service.

Traffic

Also it corresponds to the municipal entity in charge of the mobility, It is including urban public transport and traffic and parking of private vehicles.

This means that local government is responsible, for example, the damages suffered by users of a public bus collision, although in this particular case such liability is offset by compulsory travel insurance.

tourism

Local tourism market is also competition from the municipal administration.

This implies that if a group of visitors travels to the village to visit a museum, having booked tickets for that date, and the museum is closed unexpectedly, They may demand compensation to the local authority.

Fairs, markets and street trading

The fairs and markets They are the responsibility of the local administration. Why municipalities generally prohibit street vendors outside the days and times established in their. Even in these days and times it is usual that a license or authorization is required to conduct business.

Ultimately, someone who stumble in a public market suffering an injury may require direct liability of local government.

public health

The local authority should be responsible for the maintenance of public health. This includes not only the collection of waste and water treatment but also certain powers in the field of information and control and health monitoring.

So, according to the law 14/1968, of 25 April, General Health (LGS), Municipalities have powers of environmental health control, industries and activities, buildings and homes, distribution and supply of food and beverages, cemeteries and burial animal health.

It is interesting to note that Article. 42.5 LGS specifies that the regional health personnel to support the City Council in these matters, it is considered part of their staff for the purposes of liability.

Namely, if poor performance of a medical technician derive poisoning is contamination of municipal water supply or municipal market facilities, responsible for the damage would be the municipality.

In other words, in these cases the rules come into play in determining the responsible administration for alleged concurrency.

funeral activities

Also they cemeteries and funeral activities They are municipal jurisdiction. So that a personal injury produced in a cemetery (for example, a fall) or damage resulting from its poor condition (for example, the sudden collapse of a niche) will awaken the obligation to compensate for local government.

Sport sports facilities

The municipality must promote the sport and maintain sufficient and adequate sports facilities. It is a common assumption that schools in the locality employ municipal facilities to develop their physical education classes. and it is also very common for them a student is injured.

Hence, the most common assumption here is that the parents of an injured pupil initiate a claim of liability. Whenever injury arising from the poor condition of facilities, the liability shall attach to the local administration.

school competitions

The municipality must provide the educational administration sufficient solar installations and to develop early childhood education activities, primary and special. Also, You must participate in the monitoring of compulsory education. which it implies that the local police to get involved in the fight against truancy.

This makes the municipality responsible for damages resulting from the poor condition of its facilities. Regarding truancy, It should be noted that the responsibility for the damage suffered by the absent student will be the educational administration, provided that the student has reached the school or college and later has left the same during the hours of compulsory permanence.

However, in cases where the student gets to not enter the center, responsibility will be parents for failing to ensure child care class.

Following this municipal jurisdiction, It might be attributed to the municipality's liability when the absence will be attributable to the local police at fault in ensuring. Partially nullifies the concept that direct and objective of the Public Administrations, but often used in these cases.

TIC

Municipal competition is to promote efficient and sustainable use of information technology and communications. Again, In this case it is more common that the municipality is responsible as Managing awarded a service in their own direct operation.

provinces, Associations and other entities

It should be noted again that municipal powers are not always assumed in their entirety by the municipality. So sometimes we must be regulated as specifically responsible for determining whether patrimonially is the municipality or other local authority.

For example, the provinces They are responsible not only for coordinating municipal policies, but also to provide public services supramunicipal through their Councils. Also, They are competent to assist in the financial and tax management, and centralized procurement of certain municipalities.

The powers of the Deputation reach even cleaning medical offices small towns. Therefore, in each case will have to see if there are particular jurisdictional powers, What is the size of the municipality and if there are management tools. This makes very frequent cases of concurrence of responsibilities.

Concurrency responsibilities of government

When several public administrations involved in the offending service, responsibility shall be fixed for each of them according to criteria of:

Competition.

tutored public interest.

Intensity of intervention.

In case you can not determine which Administration is responsible, all it will severally.

When the lesion arising within joint action formulas, the different administrations jointly and severally liable. Later, They purged their own responsibility ad intra, under regulatory instrument management formula.

These assumptions are very common in cases of responsibility of local authorities, complicating compensation claims liability.

Budget allocation of damage

After the above, It should be noted that not enough that the damage occurs in their spheres to awaken the right to compensation by the Administration. This would be only the first requirement, which it is that of accountability to the Public Administration.

However, the damage that is being allocated to the Administration, must be cash, economically assessable and subjectively individualisable. When the damage meets these characteristics must still relate to the public service that is responsible for the local authority.

For this, It must demonstrate the occurrence of a nexo causal. In this sense, It is understood that the public service caused the injury when causation meets notes adequacy and appropriateness.

But the damage resulting from the public service are compensable only when they are antijuridical. Damage is unlawful when the individual who suffers in his person or property does not have the legal duty to bear.

For example, a particular liability may require the City Council has demolished its booth implements long as the corresponding file is not produced expropiatorio. This is because, such a procedure have been adequately formalized, the Administration shall have the right to tear it down, and particularly should withstand such demolition. Reason will be paid the corresponding justiprecio.

Last, You can not attend one causes exonerate Administration, such as force majeure, or the exclusive fault of the injured.

Procedure for claiming the liability of the Local Administration

The procedure regarding liability is of an administrative nature. This means governed by the provisions of LPACAP, and which it is subject to judicial. The complaint must be filed within one year from production of the harmful result.

Since then, Administration has a period of six months to resolve, it being understood that silence has desestimatorios purposes of compensation. Resolution procedure must be motivated and put an end to the administrative procedure.

Accordingly, not from the appeal against the same, although the replacement and facultative, if, the extraordinary review. Outside these assumptions, the injured should go to order Administrative Litigation to challenge the resolution.

For this, available within two months to express and six resolutions from the effect of the alleged resolutions. In any case, although the assistance of counsel is only mandatory in court, Of particular interest succor by a specialist from the beginning, given the technical difficulties of these claims.

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