(On)wettigheid binnen (overheids)aansprakelijkheid

In Belgium, public authorities also incur extra-contractual liability on the condition of a fault, damage, and a causal link between the two. The principle of uniform application of Article 1382 of the old Civil Code serves as the starting point. Simultaneously, the uniqueness of the government, particularly its role in creating and controlling the law, gives rise to exceptions or at least nuances to the general regime. The question at hand is whether differentiation between citizens and the public authorities, or between the legislative, executive, and judicial branches of government, is truly necessary. A transversal study on the place of (un)lawfulness within (State)liability allowed for a position in favor of a thorough and uniform application of the general regime to be defended.

Publication year:2023

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