Patrimonial liability of the general State Administration: a study of the Order SND/326/2020 of the Ministry of Health, created as a consequence of COVID-19 crisis

Abstract

This study aims to analyze the structure of patrimonial liability of the State Administration as a consequence of the introduction of Order SND/326/2020 by the Ministry of Health. This order allows the manufacture of masks and surgical gowns, during the permanence of the state of alarm, to individuals and legal entities that request it. It is then a matter of authorizing the production of sanitary material to those who, among others, do not do it customarily in a professional way or whose profession is dedicated to the manufacture of another type of product. In this context, in the event of damages, the General State Administration would assume non-contractual responsibility. 

Keywords:

Ministry of Health, patrimonial liability of the Administration, state of emergency, healthcare material, COVID-19.