Examination of the principle of equality in the face of public burdens in the context of the faultless liability of the administration

EXAMINATION OF THE PRINCIPLE OF EQUALITY IN THE FACE OF PUBLIC BURDENS IN THE CONTEXT OF THE FAULTLESS LIABILITY OF THE ADMINISTRATION This study concentrates on the perfect liability of the administration and the place and importance of the principle of equality in the face of public burdens in administrative law. The responsibility of the administration is a type of responsibility that is not only limited to defective acts, but also requires compensation for extraordinary damages arising during the performance of public services. In this context, the principle of strict liability is analysed under sub-headings such as social risk and danger (risk), and it is emphasised that if some individuals suffer more damage as a result of the activities carried out in the public interest, these damages should be shared fairly throughout the society. The principle of equality in the face of public burdens aims to establish a fair compensation mechanism for the damages caused by public services and plays an important role in ensuring social justice. In the study, the effect of factors such as force majeure, unforeseen circumstances, the behaviour of the injured party and the behaviour of the third party, which affect the responsibility of the administration, are also discussed and how these factors shape the responsibility of the administration is discussed. In addition, the compensation of damages arising from international treaties and in the light of jurisprudence, it is stated that it should be handled within the framework of the perfect liability of the administration. In conclusion, this study emphasises the importance of strict liability in terms of compensating the damages arising from the lawful activities of the administration and ensuring social justice.