General Liability of the Administration

Abstract

The regulation included in Article 125 of the Constitution holds the administration responsible in general. According to this regulation; "The administration is obliged to pay for damages resulting from its actions and acts." In addition, apart from Article 40 of the Constitution, it was decided in Article 129 that "claims for damages arising from the faults committed by civil servants and other public officers while exercising their powers can be brought against the administration provided that they are recoursed to them and comply with the manners and conditions specified by the related law". The basis of the responsibility stated in this provision is the continuation of the general basis of responsibility regulated in Article 125. Through these regulations, it is desired to allow that the civil servants who have faults in their services carry out their services carefully and to avoid their being held irresponsible; and at the same time, the legal remedies to bring a lawsuit by those who are harmed due to the performance of the services against the administration which has the ability to pay.