The “Maginot Line” of Financial Sustainability: Danger, Risk, Responsibility, and Compensation for Sacrifices — A Review of Legal Doctrine under the Guise of Coastal Management

Abstract

Determining the types of State liability in the field of coastal management requires a preliminary excursus on the categories of danger, risk, and civil liability, in order to outline the boundary between greater or lesser freedom in the organisation of state tasks and the breach of protection duties rooted in fundamental principles. Added to this already difficult, yet essential, distinction for the implementation of the principles of equality, justice, and financial sustainability, we see that unsustainability does not mainly stem from the normative regimes established by the democratic legislator, but rather from case law, which has made the most significant contribution to the “draining” of public coffers in connection with the protection of alleged jusfundamental subjective rights, revealing that this power ultimately renders our boundary vulnerable, turning it into a “Maginot Line.”