ИСКОВЕ ПО ЗАКОНА ЗА ОТГОВОРНОСТТА НА ДЪРЖАВАТА И ОБЩИНИТЕ ЗА ВРЕДИ
CLAIMS UNDER THE LAW ON LIABILITY OF THE STATE AND MUNICIPALITIES FOR DAMAGES
Author(s): Borislav BelazelkovSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Administrative Law
Published by: Висш адвокатски съвет
Keywords: conduct; wrongfulness; causation; damage; due diligence; burden of proof (onus probandi); principles of equivalence; effectiveness and legal certainty; reference for a preliminary ruling
Summary/Abstract: Comparison between the general regulation of tort liability and the liability of the state for damages caused by certain conduct of its bodies and officials, differentiation of the scope of the two types of liability and the procedural procedure for its implementation. An exhaustive review of the grounds for imposing liability on the State under the general and special rules governing its liability for damages in the light of European Union law and the European Convention on Human Rights. The case law of the Bulgarian courts over the last twenty-five years, of the Court of Justice of the European Union and of the European Court of Human Rights is briefly presented.
Journal: Адвокатски преглед
- Issue Year: 2025
- Issue No: 1
- Page Range: 5-47
- Page Count: 42
- Language: Bulgarian
