ODPOWIEDZIALNOŚĆ PAŃSTWA ZA BEZPRAWNE DZIAŁANIA URZĘDNIKÓW PAŃSTWOWYCH, NARUSZAJĄCE INTERES SPOŁECZNY W ŚWIETLE PRAWA POLSKIEGO A REGULACJE UNIJNE
STATE RESPONSIBILITY FOR THE UNLAWFUL ACTS OF PUBLIC OFFICIALS, VIOLATING THE PUBLIC INTEREST UNDER POLISH LAW AND EUROPEAN UNION REGULATIONS

Summary/Abstract: Over the last fifteen years, the State Treasury has paid several billion zloty compensation for the unlawful conduct of public administration officials. Court statistics prove that the scale of the problem has been increasing. They show unequivocally that from year to year the scale of this phenomenon is growing year by year. The officials inthe state administration being the representatives of the State are equipped with the attributes of power which enable them to force people to behave in a desired way. The should be legal limits to the authority granted to them as far as the exercise of the law is concerned. However, Polish law os often not transparent enough. This results both from legislative errors and the multiplicity of regulations and legal acts and also from the inadequate interpretation of EU law by national authorities. On the other hand, the administration is a hierarchical structure with the extended power apparatus for making decisions on behalf of the society.

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