Odškodninska odgovornost za odločanje v upravnem postopku

slovenian

2013

volume 68, issue 11/12

Administrative procedure   Slovenia

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The issue of tort liability of public officers, exercising their powers to decide in administrative matters is in the present time quite interesting and combines legal rules and principles of two large fields of law: administrative and civil law. The absence of special legal provisions regulating the liability of state authorities results in general rules of civil law to be applied in these cases. This is also supported by recent developments in jurisprudence, which has addressed the questions of legal basis for liability in damages resulting from illegal actions by judges and state prosecutors, both being bodies of the State itself. Using the same criteria these conclusions made by the courts can also be used to resolve difficult questions of liability of holders of executive powers, meaning heads of administrative bodies and other persons empowered to decide in administrative matters, meaning that they cannot be held personally liable in damages caused to third persons by illegal administrative decisions. Together with the use of general rules of civil law regulating tort liability for administrative decision-making, several difficulties appear that are further discussed in this article. The conclusion offered is (also) that with guaranteeing State liability on one hand also the autonomy of public officers holding powers to decide in administrative matters has to be protected and therefore the possibility of them being subjected to direct actions for damages has to be limited.

20.01.2017