COMPENSATION FOR DAMAGE RESULTING FROM THE UNLAWFUL CONDUCT OF PUBLIC ENFORCEMENT OFFICERS
COMPENSATION FOR DAMAGE RESULTING FROM THE UNLAWFUL CONDUCT OF PUBLIC ENFORCEMENT OFFICERS

Summary/Abstract: The liability of public enforcement officers for damage caused by unlawful conduct is grounded in constitutional guarantees, standards of professional care, and the rules of the law of obligations. The right to compensation for damage derives from the principle of the rule of law and the state’s duty to ensure the effective enforcement of court decisions, applying a heightened standard of care inherent to holders of public authority. The current legal framework provides for the personal and unlimited liability of enforcement officers, while excluding state liability, which raises questions regarding its compatibility with legal certainty and the case law of the European Court of Human Rights. As a sustainable solution, strengthening professional standards, mandatory professional liability insurance, and the subsidiary liability of the state in exceptional cases are proposed

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