Goljufiva pridobitev javnih sredstev - tožba državljana v lastnem imenu in imenu države

slovenian

2016

volume 52, issue 3/4

popular action   public participation in governance   unjust enrichment

Univerza v Ljubljani, Pravna fakulteta

This paper deals with a possibility of expansion of procedural legitimacy, which would allow citizens to bring an action on behalf of a state against state%s contractual partners and all other persons who gained public funds by fraud. A possibility in this direction is more and more open by the fact that Slovenia does not have even a rough estimation of a proportion of illegally acquired assets by people and that implementation of tasks - regarding practice in some other countries and the EU - associated with a return of unlawfully paid public funds, is not effective. Answers to a question of inclusion of individuals in an implementation and support to public authorities are, due to the growing complexity of society and mutual unpredictable effects of various measures, in the direction of an effective exercise of public authority, which includes the mechanisms of social support and control. One of them is certainly a law on false claims by the US model.

04.10.2021