RESPONSIBILITY OF THE STATE AND ITS AGENTS

• NCJ Number: 64447
• Journal: JOUNEE JURIDIQUE Volume: 18 Issue: 60 Dated: (NOVEMBER 1978) Pages: 1-78
• Author(s): B KNAPP
• Date Published: 1979
• Length: 78 pages
• Corporate Author: Librairie de L'universite Georg et Cie
• Publication Format: Article
• Language: French
• Country: Switzerland

Annotation

LEGAL RESPONSIBILITIES OF THE STATE FOR ACTIONS OF ITS EMPLOYEES AND AGENTS ACCORDING TO CANTON LAWS OF GENEVA, SWITZERLAND, ESPECIALLY THE LAW OF 1900, ARE OUTLINED.

Abstract

THE STATE GOVERNMENT AND TOWNSHIPS ARE HELD RESPONSIBLE ONLY FOR ACTIONS OF JUDGES AND PUBLIC EMPLOYEES IN THE COURSE OF THEIR WORK. ACTS IN VIOLATION OF THE LAW MUST BE SHOWN TO BE UNDERTAKEN AS THE FUNCTION OF AN OFFICE. THE LAW OF 1900 APPLIES NOT ONLY TO THE STATE GOVERNMENT AND TO TOWNSHIPS BUT ALSO TO OTHER PUBLIC LEGAL ESTABLISHMENTS WITH PUBLIC OFFICIALS; EMPLOYEES OF THE AGENCIES AND THE PUBLIC AGENTS OF THE INSTITUTIONS CAN BE HELD RESPONSIBLE WHEN THE LEGAL GROUNDS EXIST. THE STATE GOVERNMENT IS LIABLE FOR DAMAGES CAUSED BY PUBLIC AGENTS THROUGH ACTIONS IN AN OFFICIAL CAPACITY WHICH ARE CONTRARY TO WRITTEN LAW, UNLESS THE STATE GOVERNMENT OR TOWNSHIP CAN PROVE THAT IT WAS NOT AT FAULT AND THAT IT WAS NOT NEGLIGENT IN SELECTING THE AGENT WHO COMMITTED THE OFFENSE, WHETHER IT WAS INTENTIONAL OR NOT. SUPERVISORY PERSONNEL CAN BE HELD RESPONSIBLE FOR DAMAGES IF THEY HAVE NOT EXERCISED THE NECESSARY DILIGENCE IN CARRYING OUT THEIR DUTIES, BUT SUPERVISED EMPLOYEES ARE USUALLY LIABLE FOR DAMAGES RESULTING FROM THEIR ACTIONS, BECAUSE IMPROPER SUPERVISON IS ONLY A SECONDARY CAUSE OF THE DAMAGE, UNLESS THE ILLEGAL ACT IS ORDERED BY THE SUPERVISOR. PUBLIC AGENTS ARE LIABLE FOR DAMAGES CAUSED TO OTHERS IN THE EXERCISE OF THEIR FUNCTIONS WHEN THEY HAVE ERRED INTENTIONALLY OR HAVE BEEN NEGLIGENT OR IMPRUDENT AND WHEN DAMAGE IS BROUGHT ABOUT BY THEIR ILLEGAL ACTIONS OR INADEQUATE SUPERVISION OF INSUBORDINATES; THE RESPONSIBILITIES ARE THE SAME WHETHER DAMAGES ARE TO THIRD PARITIES OR THE STATE ITSELF. HIGH-LEVEL ADMINSTRATIVE STAFF IS MOST AFFECTED BY THESE REGULATIONS. PERHAPS PUBLIC AGENTS SHOULD BE PLACED IN A CLASS COMPARABLE TO THAT OF JUDGES RATHER THAN BEING CONSIDERED SIMPLE EMPLOYEES OF THE STATE. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)