Liability of the State Treasury for Judicial Lawlessness

Abstract

Liability of the State Treasury for unlawful acts in the course of exercising  judicial power has its basis in the Civil Code and is a consequence of a constitutional rule giving the right to compensation  for a damage caused by any illegal action of public authority. Recovering  harm done in the course of civil proceedings by a public servant must be however subjected to strict provisions conditioned by a specificity of judicial procedures, which essential aspect arises from the system of appeals against decisions as well as from judicial discretionality.

The paper presents historical and comparative background of the development of the principle of the State Treasury and explains its procedural aspects, including prejudging the illegality of a court’s decision by The Supreme Court.

 

Paper submitted on Nov 1, 2016.

Accepted for publication on Jan 12, 2017.