NON-RESPONSIBLE QUESTIONS ON THE RESPONSIBILITY OF THE COUNTRY FOR DAMAGE CAUSED BY PHYSICAL AND LEGAL PERSONS Cover Image

НЕРЕШЕНИ ВЪПРОСИ НА ОТГОВОРНОСТТА НА ДЪРЖАВАТА ЗА ВРЕДИ, ПРИЧИНЕНИ НА ФИЗИЧЕСКИ И ЮРИДИЧЕСКИ ЛИЦА
NON-RESPONSIBLE QUESTIONS ON THE RESPONSIBILITY OF THE COUNTRY FOR DAMAGE CAUSED BY PHYSICAL AND LEGAL PERSONS

Author(s): Polya Goleva
Subject(s): Law, Constitution, Jurisprudence
Published by: Бургаски свободен университет
Keywords: European law; norms; liability; Gerhard Koebler; national law; Bulgarian; obligations

Summary/Abstract: Bulgarian legislation doesn’t regulate the liability of the state for damages caused by state organs which fail to observe legal norms of the European law. The liability of the institutions of the European Union for breach the norms of the EU law is also not regulated. But the problem about the liability of the state for damages is not new both in the court practice and in legal theory. This problem first occurred in the case of Frankovic in 1991, which resulted with the following decision – each state-member of the EU is obliged to compensate the person who was damaged as a result of breach the primary and the secondary law despite of the fault. The state is liable if the rules of the law have the aim to defend the individual interests of the citizens. The court decision marks the first step of the development of state liability. The second step begins with the Brasserie case and the third – with the case of Gerhard Koebler, where the European law had been breached by the national court as a last instance. The liability of the state is based on the idea that all state organs are obliged to respect the priority of EU law and should not apply national law when it contradicts it. If the state doesn’t respect the precedence of EU law and as a result of this its citizens or legal persons are damaged, the latter can claim compensation against the state. Following the practice of the Court of the EU, the Bulgarian court is obliged to allow claims when damages arise because the applied Bulgarian law contradicts the law of the EU. Moreover, the EU member states must extend the liability of the state to cover damages caused by judicial acts. If there is no directive implemented, this is a fault of the parliament. However, it is very difficult to explain how a parliament can be liable for the damages as a legal person. Until now the Law concerns only persons who take part in the executive and judicial organs. In this article we treat the issue on the basisi of non contractual liability in accordance with article 340 of the Treaty of the EU. The Treaty stipulates that the Union is obliged to compensate the damages which are caused by the activity of its institutions and persons in process of fulfilment of their obligations

  • Issue Year: XX/2013
  • Issue No: 1
  • Page Range: 25-45
  • Page Count: 20
  • Language: Bulgarian