The Issue of Determining the Causal Relationship in Light of the Development of Administrative Liability

Abstract

The world has witnessed tremendous scientific and technological development, which has, in turn, affected the development of administrative liability in the absence of scientific certainty regarding the risks that may arise. This places the State before a new form of liability that requires it to adopt precautionary measures to prevent risks that cannot be avoided. As a natural consequence of establishing administrative liability in the absence of scientific certainty, when damage occurs, compensating victims raises certain issues, given that the damage may be catastrophic, making it impossible to restore the situation to what it was before, in addition to the uncertainty surrounding the causal relationship between administrative fault and the damage. Accordingly, this study aims to demonstrate how the causal relationship can be determined in the absence of scientific evidence regarding the risks that may potentially occur.