Отговорност на държавата за вреди от прилагането на противоправни нормативни актове
State Liability for Damages Arising from Application of Illegal Enactments

Summary/Abstract: This article deals with state liability for damages arising from application of three groups of illegal enactments: uncostitutional laws; laws, incompatible with international law and unlawfull administrative normative acts.The state is liable for damages which are in direct causal link with enactment in all the cases of unlawful administrative enactments and in some cases of laws, contraven- ing international law provisions. In all the other cases only the damages arising from acts issued on the basis of the illegal enactment can be repaired; these are the damages from administrative acts and from judgements, issued on the basis of the enactment. The reparation is possible after the repealing or declaring null and void of the acts issued on the basis of the illegal enactment. The judgements on the illegality of the enactments have two major effects serving as grounds for such repealing or declaring null and void. The first legal effect consists in the establishing of the illegality with res judicata. The second one consists in the enactment's cessation to apply ex nunc. After repealing or declaring null and void of the acts issued on the basis of the illegal enactment, the in- jured party may claim reparation according to State Liability Act for Damage Inflicted on Citizens.

• Details
• Contents