Odpowiedzialność odszkodowawcza funkcjonariusza publicznego z tytułu szkody wyrządzonej przy wykonywaniu władzy publicznej
The liability of public officials for damage caused by the unlawful exercise of power

Summary/Abstract: This article is dedicated to the issue of the liability of public officials, who grossly violated the law when exercising the power (public authority), which results in damage redressed by one’s demand by the State Treasury or municipal entities. The abovementioned liability is the subject matter of the Law of 20 January the 20th, 2011 on the liability of public officials for a severe breach of the law. The aim of the legislation was to protects the public budgets, after all, The State Treasury or an entity of local government which – under law exercises public authority – are liable for the damage inflicted by an illegal act or omission committed while exercising the public authority. The law seems to enhance awareness of public officials, because – mindful of inevitable liability – they should be more concerned about lawfully exercising their power. The paper presents the origins of liability of public officials in the Polish legal system and includes procedural matters regarding the lawsuit initiated by public prosecutors against public officials for the benefit of the State Treasury or municipal entities.

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