El medio El Jurista publica una tribuna de opinión de nuestro socio Ignacio Rodríguez de la Riva, en el que analiza las demandas que están planteando frente al Estado alguna asociación de hostelería o empresarios del sector de forma colectiva, que buscan obtener una compensación económica por las decisiones adoptadas durante el Estado de Alarma:
«Si en otras crisis el papel protagonista lo tenían los especialistas de otras disciplinas jurídicas, como la concursal, hoy sin duda los administrativistas tienen un papel preponderante como aquellos a los que les corresponde en primer lugar situar la actuación de la Administración con sus medidas sanitarias y económicas, y calificar las consecuencias de las mismas.»
«Si como consecuencia de las medidas sanitarias, ha habido un sector de la población que ha sufrido especialmente el daño económico, si éste no contribuyó a agravar tal daño, y si es capaz de acreditar con informes periciales el daño emergente y el lucro cesante, ninguna duda cabe en que debe ser indemnizado. Para ello deberá formular la pertinente reclamación ante la Administración, que en el primer estado de alarma es en exclusiva el Estado, y con posterioridad concurren en la culpa las Comunidades Autónomas. Frente a la desestimación expresa o presunta de su reclamación podrá deducirse el pertinente recurso contencioso-administrativo, cuyos jueces en sus decisiones de plena jurisdicción podrán declarar la existencia del daño, la obligación de indemnizarlo y el quantum indemnizatorio.»
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