The basis of the state liability for a damage caused by state authorities

• Main Author: Nešković Rastko
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2015-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: state liability for damages; unlawfulness; illegal and irregular work; state authorities
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2015/0017-09331505239R.pdf

Main topic of this article is the basis of the state liability for a damage caused to individuals by state authorities in the light of the new case law. The author pointed out the need of the case law to stay 'distant' from the concept in which the state is liable for damage regardless to its fault, and explained certain viewpoints contained in the judgments of the second instance courts. Unlawfulness is emphasized as the basic requirement to constitute state liability for compensation of damages. The question is raised whether the case law is trying to change the basis of state liability through the concept of unlawfulness and to move it from the concept of objective to the concept of subjective liability. Further the paper analyses established viewpoints and possibly ways of court acting when deciding on the claims for compensation of damages caused by state authorities.