Administrative Liability Based on Fault: A Comparative Study Between French and Algerian Law

Abstract

This academic legal article addresses the topic of "Administrative Liability Based on Fault" through a comparative study between the French and Algerian legal systems. The study focuses on the traditional and most common basis for administrative liability: fault in its two forms—service fault (fault of the public service) and personal fault (fault of the official). Through analyzing the jurisprudence of the French Council of State as the historical cradle of administrative law and comparing it with the jurisprudence of the Algerian Council of State, the article examines the criteria for distinguishing service fault from personal fault, the gradation of fault (simple and gross), and the theory of cumulation of faults and liabilities. The study also discusses damage and causality as indispensable elements for establishing fault-based administrative liability. The study concludes that Algerian administrative courts, despite their apparent influence from their French counterparts, have developed their own jurisprudence that adapts to the Algerian context.