By Raphaël MORENON
6 April 2025
An investigation file that is lost, a deliberation that drags on for two years, an expert report that is never ordered despite repeated requests... These situations are not simply a matter of annoyance but can constitute a real malfunction in the public service of justice. Contrary to popular belief, the State is not immune from liability in these cases, whether it be the State's liability for judicial malfunction or, in separate cases, that of judges and magistrates. The law provides for mechanisms to compensate litigants who are victims of such malfunctions. What are the conditions under which such liability can be incurred, and who can claim compensation? The basis of the State's liability The State's liability for judicial malfunction is based primarily on article L. 141-1 of the Code of Judicial Organisation. This article sets out a solemn principle: «The State is obliged to make good any damage caused by a judicial malfunction...
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