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CLAIM FOR DAMAGES AGAINST THE LOCAL ADMINISTRATION

Persistent snow falls in the municipalities of Spain have been many complaints from citizens who have suffered any loss or damage by the failure to act diligently and correctly municipal services.

issued a report on the process of claim for damages initiated at the request of the injured party against the City Council.

REPORT -----------

The process of claim for damages is initiated at the request of the interested party with a direct claim against the City.

Taking the City's obligation to reply within 6 months, meaning in the case of not answering it has completed the mandatory period for administrative silence.
The claim comes under the Law of the Legal Administration and Common Administrative Procedure, which provides specific regulations.
Most claims are processed in the first instance, because they do not exceed 30,000 euros. From this amount, the competent court is the Administrative Disputes Division of the Supreme Court concerned.

The elements of the liability of the Administration, can be specified as follows:

a) The first of these elements is patrimonial injury or damage equivalent to the dual mode loss of profits or damages.
b) Second Instead, injury defined as damage illegitimate.
c) The link between the injury and the causative agent , ie between the harmful act and the Administration, involves an exercise of public authority in exercise of public powers.
d) Finally, the injury must be real and effective , potential or future ever since the injury is of an exclusive opportunity to be encrypted in cash and compensated on an individual basis, debiéndose take the necessary causal link between the action produced and the resulting damage.

The Supreme Court has repeatedly held that the responsibility assets of the Administration is designed as a liability or as the result, which is immaterial whether the administrative action has been normal or abnormal, being enough to declare that as a direct result of that, the damage has been effective and economically assessable individualized, provided of course, that within a year the injured party or his heirs made the corresponding claim.

This fundamental feature requires that not only is not necessary to demonstrate to demand this responsibility that the owners or managers of administrative activity has generated an injury has acted willfully or negligently, but that is not even necessary to prove that public service has unfolded so anomalous, as the constitutional and legal precepts that make up the extend applicable legal obligation to pay compensation to cases of normal functioning of public services. Enough with the damage suffered is unlawful, ie there is no duty to stand for appropriate compensation.

remember therefore that to attend the liability of the government for damages caused to citizens, concretized in numerous judgments of the Supreme Court - are basically the following: 1 º) The actual reality of economically assessable damage and individualized in relation to a person or group of persons who are not required to bear. 2 º) That the assets sustained injury is the result of an act of public authority or administrative activity in terms of functions of the same nature in a relationship of cause and effect. 3 º) The injured party bears the burden of proving the loss or damage suffered and the causal link between it and the action of the Administration. 4 º) requirement is "sine qua non" "the concurrence of the causal link between the administrative and the result harmful, without foreign interference or rule that would override it. Causal link need not be direct, immediate and exclusive, but can be displayed in forms mediate, indirect and concurrent .