Administrative Law

Compensation for Damage in Administrative Procedure Proclamation No. 1183-2020

Source: Explanatory Note for the Provisions of Federal Administrative Procedure Law

Federal Attorney General Legal and Justice Affairs Advisory Council

Article 59

A person who has incurred damage as a result of a fault committed through issuance of directives or an administrative decision is entitled to seek compensation from the administrative authority that is responsible, in accordance with the relevant laws.

The Administrative Procedure Proclamation has opted for issues related to compensation to be entertained in accordance with the appropriate law. Any client who alleges that his petition for administrative decision was not considered properly or that the decision was delayed more than what is required and as a result suffered damages could claim for compensation. However, such claim for compensation may be brought in accordance with the applicable law.[1] The Administrative Procedure Proclamation cannot answer questions related to issues of fault, type, amount and time of payment of compensation. These matters are outside the scope of the administrative procedure proclamation, thus should be made in accordance with the applicable law.19 Claims for compensation shall be brought in accordance with the provisions of the Civil Code. It is important to refer to Book Four of the Civil Code, Title 13; Extra Contractual Liability and Unlawful Enrichment.

As attempted to elucidate in the previous sections, it is important to note here also that administrative process entails transparency, responsibility, and accountability. Administrative agencies and officials of such agencies have their own respective responsibilities for not performing their duties properly. In addition, as a result of their failure to properly execute their duties and responsibilities, they commit fault, and the client suffers damage therefrom, they would be held responsible for the damage. One of their direct responsibilities related to the client would be to compensate for the dam- ages suffered.

Compensation is not only related to rendering administrative decisions. The injury on the client could have been also resulted from directives issued by the administrative agency. This includes the objective stated at the preamble of the administrative procedure law and further includes directive issuance process and decisions rendering to clients as provided in Section Two and Three of the proclamation. This reinforces the requirement that the process of rendering decisions as well as issuance of directives has to be transparent, prudent and follow the legal process. A decision or directive that did not follow the law will entail accountability; this has been already elucidated in detail above. One among these responsibilities is compensation for the damage that the client suffered. Although compensation is primarily to be paid by the administrative agency, the law gives the agency the right to be reimbursed by the official or employee that committed the fault.

[1] Compensation is claimed in accordance with the provisions of the Civil Code. For this purpose, book four of the Civil Code, Arti- cle13-Extra Contractual Liability and Unlawful Enrichment (Art 2027-2161, especially Article 2126-2136 and in addition it is important to look in to Art. 2090-2121)

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