Odpovědnost za škodu při výkonu veřejné moci - ve prospěch jednotlivce nebo veřejné moci?
| Title in English | Public authorities’ liability for damages - to the benefit of the individual or public authority? |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | liability for damages; exercise of public authority; proportionality; chilling effect; liability for legislation |
| Attached files | |
| Description | At first glance, it might seem that maximizing the exercise of public authorities’ liability for damages is an ideal condition in the current materially conceived legal state. However, this liability should not be understood merely as “one-way” in favor of compensating individuals harmed by the exercise of public authority, but also, to some extent, by protecting the state from disproportionate exercise of that liability. In foreign literature, the term “chilling effect” is sometimes used in this context, which describes the potentially paralyzing effects of disproportionate liability. Thus some proportionality can be inherent in Public authorities’ liability for damages. This proportionality can then serve as an argument for some reasonable restrictions on the right to compensation for damage caused by public authorities “for the benefit of the state”. On the other hand, it can also be a possible argument for a differentiated approach to different areas of public authorities’ liability, therefore hypothetically also opening the door to constructing new, yet otherwise rejected, types of liability - typically liability for damages caused by legislation. |