Compensation Liability Of The Administration Due To Service Failure
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 performs.
In judicial decisions, it is accepted that the defect of service occurs in three ways:
Service failure due to the public service not functioning at all,
Service defect due to the late functioning 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 during the performance of his/her duty constitute a service defect within the scope of “duty defect”.
