CONDITIONS REMOVING AND REDUCING THE FAULTLESS LIABILITY OF ADMINISTRATION IN THE DECISIONS OF THE COUNCIL OF STATE

The faultless liability of administration is based on equality between public burdens and risk/danger in general. Social risk for which the connection with administrative activity should be added to this equilibrium. The Administration, although it is not negligent, may be held liable not only for the damages caused by its services, agents, tools, but also for the lawful actions. Under current administrative law, the field of application of the faultless liability of administration is gradually expanding. One of the reasons for this is that the use of the reasons for removing or reducing the responsibility of the state is not as widely used. The Council of State has considered natural disasters such as landslide, flood, lightning as the reasons for the application of force majeure. Force majeure completely abrogates the administrative responsibility. This concept is relative, and its application is gradually decreasing. Unexpected case is the events that occur within the authority of the administration, but the authority cannot predict and prevent the events. The unexpected case does’nt abrogate the faultless liability of administration. The action/fault of the injured person or of a third person completely removes or reduces the responsibility. It is possible to show cases that remove responsibility - as we do - in a diagram and table. These reasons are mainly related to causal relation. The purpose of the study is to show the case that the Council of State searches for a wider and more flexible causal relation in terms of the faultless liability