Κατεύθυνση Δημοσίου Δικαίου
Library of the School of Law

2018-05-11

2018

Mylona Chiona

Σπυρίδων Βλαχόπουλος, Καθηγητής της Νομικής Σχολής του Εθνικού και Καποδιστριακού Πανεπιστημίου Αθηνών

Η Αστική Ευθύνη του Δημοσίου: Εξελίξεις σύμφωνα με την πρόσφατη νομολογία του Συμβουλίου της Επικρατείας

Greek

Civil Liability of the State: Developments according to the recent case-law of the Council of State

This paper presents the most important, in the opinion of the writer, developments in the institution of Civil Liability of the State, according to the recent case-law of the Council of State. These developments are: a) the explicit recognition of Article 4 (5) of the Constitution as the only constitutional foundation of Civil Liability, b) the recognition of the State's liability for lawful acts of the Administration when they cause a special and important damage, c) the recognition of the liability of the State for acts of the judicial bodies both in the exercise of their judicial role and in the exercise of their administrative duties linked to the general administration and organization of the judiciary and the courts, d) that it is for the Courts of the Substance to examine, in the case of successive damaging behaviors which are characterized by a coherent unity, whether they have a causal link with the harmful effect not only independently but also cumulatively and e) the recognition of the fact that in certain aspects of State’s activity, due to their specific characteristics, Article 105 of Introductory Act to the Civil Code can be applied only mutatis mutandis. All the above-mentioned cases of the case-law development of State’s liability - apart from the latter - fall within the broader context of the tendency of the Council of State to provide fuller and more effective judicial protection to those experiencing the adverse effect of State activity.

Law and Legislation

Public Law

Civil Liability State Administrative Law

No

0

No

19

67

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https://pergamos.lib.uoa.gr/uoa/dl/object/2751595