Pregledni rad
ON THE ISSUE CONCERNING THE GROUNDS OF STATE LIABILITY FOR A DAMAGE CAUSED BY ILLEGAL AND IRREGULAR WORK OF STATE BODIES
Maja Bukovac Puvača
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Nataša Žunić Kovačević
; Pravni fakultet Sveučilišta u Rijeci, Rijeka
Sažetak
State liability for a damage caused to individuals by illegal and/or irregular work performed by state bodies has been for a considerable time an object of interest of legal science and court practice in comparative and domestic law. Having in mind that the Supreme Court of the Republic of Croatia and the Constitutional Court of the Republic of Croatia have taken opposite standings on the basic issue of the liability in question – i.e. on the mere type of liability, it is obvious that legal regulation of this notion is not adequate in national law at present. From the comparative legal overview it can be concluded that there are essentially different solutions for aforesaid issue and that there has been a trend to tighten state liability in last two decades, partially due to the practice of the European Court for Human Rights and the European Court of Justice. The analysis of domestic court practice confirms normative understatements and ambiguities, which should be, without any doubts, eliminated. Due to broadness and complexity of issues arising from state liability for damages, the article focuses on the issue concerning the mere type of liability. Therefore, the other issues are mostly omitted. The normative intervention has been proposed to regulate the institute of state liability for damages in Croatian law.
Ključne riječi
state liability for damages; subjective liability; objective liability; liability presumptions; illegal work; irregular work
Hrčak ID:
82236
URI
Datum izdavanja:
1.4.2011.
Posjeta: 9.802 *