Reflections on the burden of proof in patrimonial liability of the public administration in an emergency situation
DOI:
https://doi.org/10.14409/redoeda.v7i1.9414Keywords:
patrimonial liability, burden of proof, reversal of the burden of proof, disproportionate damage, COVID-19Abstract
The declaration of the state of emergency not only produces certain limitations on fundamental rights but also causes uncertainty about the possible legal-economic consequences in which citizens could be involved. In this work we address the possible non-contractual liability of the public Administration as a consequence of actions taken during the state of emergency. Our attention is directed mainly to the burden of proof to which, under normal conditions, the claimant must submit and which in the current context could be lightened precisely by the exceptional conditions in which the decisions of the administration are acting. In this sense, it seems interesting to study the patrimonial responsibility norms of the public administration, considering the flexibility they offer to determine if a reversal of the burden of proof is admissible, although only theoretically.
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