Administrative Liability in Santiago de Compostela: Key Local Aspects and Legal Framework
In Santiago de Compostela, pursuing a claim for administrative liability against public authorities requires in-depth knowledge of both national legislation and local administrative and judicial practice. The City Council of Santiago de Compostela, accessible via its online portal (sede.santiagodecompostela.gal), is the starting point for many claims related to the operation of municipal public services: pavement maintenance, street cleaning, public lighting, management of green areas, and administrative office services.
Competent judicial and administrative bodies
If the administrative process is unsuccessful, the Contentious-Administrative Courts of Santiago de Compostela, located at Rúa Viena, s/n (Polígono Fontiñas, 15707 Santiago de Compostela), are responsible for hearing appeals against resolutions of the City Council or the Xunta de Galicia. For higher-value or more significant cases, the High Court of Justice of Galicia (TSXG) is the reference court for second-instance appeals or cases involving the regional government.
Common types of cases in Santiago de Compostela
Typical local cases include falls on public roads due to poorly maintained pavements, potholes, or loose tiles, incidents in parks or green areas, and damages resulting from the operation of public services (for example, administrative errors by municipal or regional authorities). In Santiago, due to the local climate and intensive use of urban spaces, accidents caused by slipping in rainy weather or poor maintenance are particularly frequent.
Key legal aspects of administrative liability
Essential legal requirements
Administrative liability is mainly regulated by Articles 32 et seq. of Law 40/2015 and Article 67.1 of Law 39/2015. To succeed, a claim must demonstrate:
- Actual, quantifiable, and individualized damage: The claimant must prove a concrete, real, and measurable loss.
- Direct causal link between the damage and the normal or abnormal operation of a public service.
- Absence of force majeure and no legal obligation for the claimant to bear the damage.
The time limit for filing a claim is one year from the date the damage occurred or from the date the injury or its full extent was determined (Article 67.1 Law 39/2015).
Objective vs. subjective liability
In most cases, the applicable regime is objective liability: it is sufficient to prove the damage and the causal relationship, without the need to show fault or negligence by the Administration. However, in certain situations (such as damages from high-risk activities or essential public services), case law may require a more detailed analysis of foreseeability or unavoidability of the harm.
Indicative compensation amounts
Compensation varies according to the severity of the harm and case circumstances. For example:
- Falls on public roads: compensation typically ranges from €3,000 to €30,000, depending on injury severity and impact on daily life.
- Administrative errors: in cases of significant financial losses (e.g., due to wrongful denial of permits or unjustified delays), compensation may range from €5,000 to €50,000.
Practical procedure in Santiago de Compostela
Mandatory prior administrative claim
The first step is to file an administrative claim with the responsible authority (City Council or Xunta de Galicia). The claim must include the claimant's identification, a clear account of the facts, quantification of the damage, and justification of the causal link. The Administration has six months to decide; if no response is received, the claim is considered rejected by administrative silence (Article 91 Law 39/2015).
Access to judicial review
If the claim is expressly or tacitly rejected, the next step is to file a contentious-administrative appeal before the competent court in Santiago de Compostela within two months from notification or presumed rejection. Expert evidence (medical, technical, or financial) is essential for quantifying damage and proving the causal link.
Consultative Council opinion
For claims exceeding €50,000, an opinion from the Consello Consultivo de Galicia is mandatory, providing a report on the appropriateness of the proposed compensation.
Why choose our law firm in Santiago de Compostela
We have extensive experience handling administrative liability claims against the City Council of Santiago de Compostela, the Xunta de Galicia, and other public bodies. Our familiarity with the practice before the Contentious-Administrative Courts of Santiago and the High Court of Justice of Galicia allows us to anticipate common approaches to evidence and damage assessment in the region. We collaborate with independent medical experts to provide robust support for each claim. We offer in-person service in Santiago de Compostela and online for your convenience. No-obligation initial consultation.
