Węzłowe problemy odpowiedzialności deliktowej jednostek samorządu terytorialnego w świetle najnowszego orzecznictwa
Key issues of the tort liability of local self-government units in light of the recent case law
Author(s): Ewa BagińskaSubject(s): Constitutional Law, Government/Political systems, Welfare systems, Politics and law, Politics and society
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: self-government; liability; constitutionalization;
Summary/Abstract: The article is devoted to problems that occur in the process of applying the tort liability of local self-government units. The Author presents major moments in the evolution of the principles of the liability. She also raises the issue of the distinction between imperious and non-imperious spheres of the activity of local self-government units in the context of the basis of liability for carrying out delegated tasks. Another issue referred to in the article is the problem of passive legitimacy (of the self-government college of appeal) in the process of compensation for the unlawful decisions of local self-government units. The Author also refers to the issue of pre-judicature which takes the form of a supervisory act towards defective acts of local law. Finally, she underlines the importance of the constitutionalization of the right to compensation for the interpretation of specific provisions on the example of the liability of municipalities for the failure to provide social housing for evicted tenants.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2015
- Issue No: XXXIV
- Page Range: 361-379
- Page Count: 19
- Language: Polish