General Provisions of the Action for Compensation for Damages Caused by Administrative (Electronic) Public Utilities

Abstract

This research examines and analyzes the general provisions governing the action for compensation for damages caused by administrative public utilities, considering it one of the most vital legal and judicial mechanisms established to protect individuals and ensure the reparation of damages resulting from the activities of state authorities and public institutions. The study sought to demonstrate the balance achieved by administrative judiciary between the requirements of the smooth operation of public utilities to serve the public interest on the one hand, and the protection of individuals' rights, freedoms, and properties on the other. The research relied on an analytical methodology to examine the pillars of administrative liability as well as the procedural and substantive conditions of the lawsuit. The study concluded that the administrative compensation action falls within the jurisdiction of full jurisdiction (contentieux de pleine juridiction), requiring all general conditions for filing a lawsuit, such as capacity, standing, and interest. The primary basis of this liability is organizational fault (faute de service) manifested in poor facility organization, sluggish performance, or lack of facility maintenance, extending exceptionally to faultless liability based on risk and the principle of equality before public burdens, provided the damage is abnormal and exceptional.