The role of administrative judiciary in establishing the theory of risk as a basis for administrative liability without fault

Abstract

With the expansion of public administration activities and the undertaking of modern and advanced operations, especially after the state's role shifted from a "guardian state" to an "interventionist state" and the emergence of different types of public facilities, individuals may suffer damages as a result of the administration's various activities aimed at achieving the public interest. These activities, although considered legitimate and in accordance with legal texts and the principle of legality, may represent an infringement on private rights, individual freedoms, or direct personal interests. Hence, the discussion began about the necessity of establishing the public administration's liability for its actions without fault based on the theory of risk, by compensating those harmed as a result of the administration's activities, thereby reinforcing the principle of social justice. Undoubtedly, the protection of rights and freedoms in society is not measured by the rules stipulated in the constitution or laws, but rather by the effectiveness of the judicial protection intended and actually provided by the state. It is an established fact that the more extensive and broader the judicial protection of personal interests, the more it will enhance the foundations of a legal state. Therefore, the importance of judicial oversight emerges as a guarantee for the protection of individual rights and freedoms through its role in establishing the theory of risk, imposing liability on the administration for its actions even without fault.