Naslov
State liability for damage caused by courts

Autori
Demark, Armando

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, znanstveni

Izvornik
Rijeka Doctoral Conference 2020: Book of abstracts / Kunda, Ivana - Rijeka : Pravni fakultet Sveučilišta u Rijeci, 2020, 8-8

ISBN
978-953-8034-30-5

Skup
Rijeka Doctoral Conference (RIDOC)

Mjesto i datum
Rijeka, Hrvatska, 04.12.2020

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
state liability ; damage caused by courts

Sažetak
State liability for damage caused by courts is a legal concept which, at the beginning of its development, did not receive wide acceptance within various legal systems. Due to the principle of judicial independence, i.e. the legal viewpoint that judges should not bear any liability for their judicial decisions, the idea of state liability for damage caused by such decisions to parties and third persons was not immediately well received by various legislators and courts. The outstanding contrast between private persons' rights to damage compensation and different principles aimed at protection of the judiciary from liability, such as the „res judicata“ principle or the possibility to appeal a judgement, often results in a very small percentage of successful cases brought against the state for damage caused by a faulty judicial decision. The current Croatian legal framework and case-law pertaining to state liability for damage caused by courts is the focal point of the research. In Croatia, the subject legal concept is generally regulated by merely a few provisions of the Courts Act which recognize the right of a party to bring an action against the state for damage caused by a judicial decision, as well as provide for special conditions that must be met before bringing such an action. Nevertheless, the number of decisions by which compensation is indeed awarded to the party for such damage remains extremely small and the research aims to discover the reasons why the Croatian courts interpret the existing legal framework in a restrictive manner. Due to the supremacy of European law to national legal systems of EU Member States, the research also focuses on the part of EU law that regulates the liability of Member States for damage caused by national courts within decisions which are contrary to EU law. Several key judgements of the Court of Justice of the European Union which recognized such liability in cases where the breach is committed by a national court of last instance are analyzed. Furthermore, since different countries around the world differently approach the problem of state liability for damage caused by courts, the regulations of legal systems of The United Kingdom, The United States, France, Italy and Greece are also comparatively examined. The research puts forward a main hypothesis according to which it is extremely difficult for injured persons to obtain compensation for damage caused by courts, even though the legal concept of state liability for such damage is recognized in the current Croatian legislature and case-law. In relation to the primary hypothesis, a second hypothesis is that the conditions for such liability are interpreted too restrictively by the Croatian courts and that it is possible for their interpretation to be extended in order to achieve a more righteous balance of the positions of parties in damage compensation proceedings.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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