Administrative liability in Girona: legal framework and procedure
The Girona City Council, as the local administration, is responsible for maintaining public assets and ensuring the proper delivery of services. Liability claims in Girona often arise from falls in public spaces due to poorly maintained pavements, road potholes, deficiencies in street cleaning, damage caused by municipal works, or administrative errors affecting individuals. The competent courts in Girona for these matters are the Administrative Courts located at Avda. Ramón Folch, 4-6, 17001 Girona, and, on appeal, the Administrative Chamber of the High Court of Justice of Catalonia.
Legal requirements for administrative liability in Girona
Administrative liability is mainly regulated by Articles 32 et seq. of Law 40/2015 and Article 67 of Law 39/2015. For a claim to succeed in Girona, the following requirements must be met:
- Actual, economically assessable, and individualized damage: The harm must be real, quantifiable, and not derived from a legal obligation for the claimant.
- Causal link between the functioning of the public service and the damage. The burden of proof rests with the claimant.
- Normal or abnormal functioning of the public service: Liability is objective, so it is not necessary to prove fault or negligence, except in cases of force majeure or risk activities.
- One-year limitation period from the occurrence of the damage or stabilization of its consequences to file the claim (Art. 67.1 Law 39/2015).
In Girona, the most frequent claims involve falls on public roads, with indicative compensation ranging from €3,000 to €30,000 depending on the severity of the injuries and the evidence provided. Administrative errors (e.g., unjustified denial of licenses, unjustified delays) can lead to compensation between €5,000 and €50,000, depending on the economic and personal damage suffered.
Objective vs. subjective liability
Administrative liability in Girona is generally objective: it is sufficient to prove the damage and the causal relationship without the need to prove fault or intent. However, if the damage is caused by force majeure or the claimant's own actions, the administration may be exonerated. In certain cases, such as medical liability, evidence of negligence (subjective liability) may be required.
Procedure for filing a claim in Girona
The process always begins with a mandatory administrative claim before the Girona City Council or the relevant public body. This claim must be filed within 1 year from the occurrence or manifestation of the damage. The authority will process the file, requesting technical reports and, if applicable, a report from the Catalan Advisory Council if the compensation exceeds €50,000.
- Administrative silence: If there is no response within 6 months, the claim is considered dismissed by silence.
- Expert evidence: It is essential to provide independent medical or technical reports to prove the damage and the causal link.
- Judicial proceedings: If the claim is expressly or tacitly rejected, a contentious-administrative appeal may be filed before the Administrative Courts of Girona (Avda. Ramón Folch, 4-6) within 2 months of notification or administrative silence.
- Mandatory advisory opinion: When the amount claimed exceeds €50,000, the file must be sent to the Catalan Advisory Council for a prior opinion.
In matters of administrative liability, the case law of the High Court of Justice of Catalonia is particularly relevant in assessing the existence of a causal link and the amount of compensation in complex cases.
Why choose our law firm in Girona
Our firm has extensive experience defending administrative liability claims against the Girona City Council and other public bodies in the province. We are familiar with the practice of the Administrative Courts of Girona and the specific application of case law from the High Court of Justice of Catalonia regarding compensation for public road accidents and administrative errors. We offer both in-person and online consultations throughout Girona. We work with independent medical experts for objective damage assessment. No-obligation initial consultation.
