Indemnity Liability Of The Administration Due To Service Defect
The liability of the administration based on fault is called “service fault” in administrative law. A service defect is a deficiency, negligence or delay in the functioning of the administration or in the public service it fulfils.
In judicial decisions, it is accepted that the service defect is realised in three ways:
Defect of service due to the public service not functioning at all,
Service defect due to the delayed operation of the public service,
Service defect due to the malfunctioning of the public service.
All personal defects of the public official arising from his/her duty while performing his/her duty constitute a service defect within the scope of “duty defect”.
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