Responsabilidad patrimonial del estado por ataques terroristas: Obligación resarcitoria vs reparación integral

Abstract

The council of State, in several occasions and under different arguments, has declared the State as responsible due to the damages that the victims of terrorist attacks have suffered according to the criteria of damage imputation that range from lack of service, the damage itself or the exceptional damage. But the criteria of damage that comes directly from the terrorist attack according to the High Court’s jurisprudence, has not always been unified especially when it is related to reparatory parameters, which, in principle only deal with material and moral damages, from a private law perspective. Eventually, the jurisprudence shows a tendency towards a more humanized criterion, oriented by the “integral reparation” parameters, which transcend the traditional guidelines of damage reparation. Keywords Terrorist Act, State Responsibility, Integral Reparation, Damages.