URBAN PLANNING AND ADMINISTRATIVE LAWYERS IN GRANADA
URBAN PLANNING AND ADMINISTRATIVE LAWYERS IN GRANADA
Urban planning and administrative lawyers in Granada
Lawyers for patrimonial responsibility of the Administration in Granada
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Principles of responsibility.
1. Individuals shall have the right to be compensated by the corresponding Public Administrations for any injury suffered to any of their assets and rights, provided that the injury is a consequence of the normal or abnormal operation of public services, except in cases of force majeure. or damages that the individual has a legal duty to bear in accordance with the Law.
The annulment by administrative means or by the contentious-administrative jurisdictional order of administrative acts or provisions does not presuppose, by itself, the right to compensation.
2. In any case, the alleged damage must be effective, economically evaluable and individualized in relation to a person or group of people.
3. Likewise, individuals shall have the right to be indemnified by the Public Administrations for any injury suffered to their assets and rights as a result of the application of legislative acts of a non-expropriatory nature of rights that they do not have the legal duty to support when so required. established in the legislative acts themselves and in the terms specified therein.
The responsibility of the legislating State may also arise in the following cases, provided that the requirements set forth in the preceding sections are met:
a) When the damages derive from the application of a rule with the rank of law declared unconstitutional, provided that the requirements of section 4 are met.
b) When the damages derive from the application of a rule contrary to European Union Law, in accordance with the provisions of section 5.
4. If the injury is the consequence of the application of a norm with the rank of law declared unconstitutional, compensation will proceed when the individual has obtained, in any instance, a final ruling rejecting an appeal against the administrative action that caused the damage, provided that the later declared unconstitutionality would have been alleged.
5. If the injury is the consequence of the application of a rule declared contrary to European Union Law, compensation will proceed when the individual has obtained, in any instance, a final ruling rejecting an appeal against the administrative action that caused the damage, provided that the subsequently declared infringement of European Union Law had been alleged. In addition, all of the following requirements must be met:
a) The rule must be intended to confer rights on individuals.
b) Non-compliance must be sufficiently characterized.
c) There must be a direct causal relationship between the breach of the obligation imposed on the Administration responsible by European Union Law and the damage suffered by individuals.
6. The sentence that declares the unconstitutionality of the norm with the force of law or declares the character of a norm contrary to European Union Law will take effect from the date of its publication in the "Official State Gazette" or in the "Official Gazette". of the European Union", as the case may be, unless otherwise established therein.
7. The patrimonial responsibility of the State for the operation of the Administration of Justice will be governed by the Organic Law 6/1985, of July 1, of the Judiciary.
8. The Council of Ministers will set the amount of compensation to be paid when the Constitutional Court has declared, at the request of an interested party, the existence of abnormal functioning in the processing of amparo appeals or questions of unconstitutionality.
The procedure to set the amount of compensation will be processed by the Ministry of Justice, with a hearing before the Council of State.
9. The procedure provided for in the Law on Common Administrative Procedure of Public Administrations will be followed to determine the responsibility of Public Administrations for damages caused to third parties during the execution of contracts when they are the consequence of an immediate and direct order of the Administration or the vices of the project prepared by itself without prejudice to the specialties that, where appropriate, are established by Royal Legislative Decree 3/2011, of November 14, which approves the consolidated text of the Law on Contracts for the Sector Public.
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