ABSTRACT

To what extent can administrative responsibility of the State support a reflection on the responsibility of the Executive? Three remarks shed light on this articulation. First, some of the Executive’s acts cannot trigger administrative responsibility. Indeed, some sovereign services do not fall within the remit of liability action. Then, transformation of the compensation action against the State is especially related to the Executive’s action. Traditionally resorted to following accidents, affairs or isolated crises, liability action is now an instrument for citizens who wish to make a public policy change. Decided cases and emerging litigation illustrate this exploitation of the compensation litigation to serve as a goad to public action. The third remark belongs to a critical and comparative analysis of administrative responsibility. Compared to the criminal liability of public decision-makers and to the political responsibility of the government, there are as many potentialities as limits in administrative responsibility.