За юридическата отговорност за нарушения на закона от публични институции
On Liability for Offences of Law by the Public Institutions

Author(s): Yanaki Stoilov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: legal liability; offense; public institution; individual and normative administrative acts; constitutional justice; action and omission; legal protection; right to good administration
Summary/Abstract: : This article addresses the complex and current problem of legal liability in cases of breach of regulations by public institutions.The first part deals with the general questions of responsibility for breaking the law by such institutions. Institutions to which the state entrusts the performance of public functions are becoming more and more obliged to hold them accountable in case of violation of the rights of natural and legal persons. The discretion of public authorities at national and European level tends to be limited by the rights of citizens and the principle of legal equality. Offenses committed by public institutions may be committed by action or omission. It is more difficult to exercise liability in the event of inaction, because in many cases it is not possible for another authority to issue the legal act necessary for the realization of the rights.The second part deals with the issue of legal protection when normative acts violate the law. Cases have been considered with regard to under-laws acts contrary to the law as well as to laws which are contrary to the constitution. Attention has been paid to cases where a law has been declared unconstitutional but no action has been taken to settle the consequences on the part of the body issuing the unlawful act. Decisions are justified that take into account the need to reconcile the rule of law, the supremacy of the constitution and the separation of powers. The measures taken at European level against unlawful actions/omissions of public institutions are also noted. The introduction of the right to good administration plays a special role in this regard.

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