SZKODA I ZWIĄZEK PRZYCZYNOWY W SPRAWACH BEZPRAWIA LEGISLACYJNEGO
DAMAGE AND CAUSAL LINK IN LEGISLATIVE UNLAWFULNESS CASES

Summary/Abstract: Prerequisites of damage and causal link in cases of civil liability for legislative unlawfulness are the subject of the article. Liability for legislative unlawfulness rises many questions, inter alia, questions connected with assessment of adequate causal link. Adequate causal relations between legislative act or legislative omissions (i.e. a lack of required by the Constitution or EU-law norms) and actual damage in the property of the aggrieved person in reality might be extremely difficult to prove. Adequate causal link and damage prerequisite essentially limit the scope of civil liability of the State Treasury for so called illegal legislative omissions (art. 4171 § 4 of the Civil Code) and for illegal legislative acts (art. 4171 § 1 of the Civil Code and art. 77 § 1 of the Constitution). Adequate causal link might be established only in relation to losses, which with very high degree of probability occurred as a result of real application of the illegal norm to the aggrieved party. Therefore, in order to establish liability of the State Treasury „factor of concretization” of application of the illegal norm, in the legal sphere of the aggrieved party must be proved.

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