El procedimiento administrativo de responsabilidad patrimonial de las Administraciones Públicas

Zusammenfassung

The object of this doctoral thesis is the procedure of patrimonial liability of the public administration from new statute provided by law 39/2015, about the common administrative proceeding of the Public Administrations. Even though it seems the new attributes a prominent position to this procedure, many indicators point to an unsatisfactory regulation and application. For this reason, the thesis begins with a thorough analysis of its current configuration and it ends up proposing solutions of a deeper scope on how to understand the procedure of patrimonial liability of the public administration. One of the ideas on which the procedure revolves is that the institution related to patrimonial liability of the administration is clearly versatile, and, by extension, its proceeding. Its diverse composition shakes the foundations of its characterization as a specialty of the common procedure. Furthermore, a cultural change is proposed regarding de processing of complex administrative procedures, such as the one being studied, enhancing the figure of the person who processes it. An improvement in the processing, such as the empowerment of the instructor, will improve the institution of patrimonial liability. However, that improvement will not come from singular changes, but it will be achieved by the union of several factors.