RT info:eu-repo/semantics/bachelorThesis
T1 La responsabilidad patrimonial del Estado tras la crisis de la COVID-19.
A1 Morín Rodríguez, Andrés
A2 Grado En Derecho
K1 Responsabilidad patrimonial
K1 COVID-19
K1 Crisis sanitaria
K1 Estado de alarma
K1 Administración
K1 Fuerza mayor
AB The patrimonial responsibility of the State is a figure proclaimed in the SpanishConstitution and developed both by Law 39/2015 and by Law 40/2015 that, in thecurrent context of health emergency derived from the COVID-19 crisis, and afterthe approval of various regulatory provisions for the declaration of the state of alarmand its extensions in Spain, acquires great importance due to the increase in claimsfor damages caused to individuals. For this figure to operate and deploy its effects, a series of requirements mustbe met, each of which is the object of analysis. In addition, the patrimonialresponsibility of the Health Administration deserves special interest, as well as thespecific cases referring to health personnel. The key that the Administration can use as justification is that we are facing acase of overwhelming force and that it has acted in accordance with the state ofknowledge of science available so far, resulting in the COVID-19 pandemic beingunpredictable. Finally, the claim for patrimonial liability, consisting of the request forcompensation because of an injury due to the normal or abnormal operation ofpublic services, requires the explanation of the appropriate procedure and,subsequently, the effectiveness for its repair.
YR 2021
FD 2021
LK http://riull.ull.es/xmlui/handle/915/25663
UL http://riull.ull.es/xmlui/handle/915/25663
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 22-nov-2024