Principle of social risk within the context of faultless liability of administration

Social life, which is getting more complicated day by day, has increased the possibility of people to be exposed to grave and extraordinary damages just because they are the members of the society. These damages such as terrorism, mass actions and natural disasters arouse indignation and cannot be directly attached to administration. Principle of social risk, suggesting such damages should be compensated by the State, constitutes a theoretical basis for legal regulations in France.Principle of social risk which was carried into Turkish practice in the beginning of 1990s was applied as an independent judicial basis for liability arising from terrorism acts on a case by case basis because there was not any legal regulation. Law No. 5233 which was enacted in 2004 provided for that the damages caused by terrorism would be compensated by the State. After the enactment of this law Turkish administrative courts changed their rule in regard to principle of social risk. There is still not a general and inclusive law in regard to mass actions, natural disasters and other potential social risks in Turkey. Moreover, Law No. 5233 does not cover all of the damages originating from terrorism. Therefore, in my thesis, it is considered whether Turkish courts still have a chance to create an original approach which will enable all of the damages originated from social risks to be compensated just by court practices and also new approaches in respect of liability are advised. 1- Fault-based liability (faute de service) 2- Faultless liability (responsabilité sans faute) 3- Social risk 4- Causal connection 5- Terror