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Public Liability in the Czech Republic

Publication at Faculty of Law |
2016

Abstract

The current regime of state liability for damage bears the imprint of its historical development. The state liability act affects two of the state's basics spheres of authority, that is, the executive and judicial spheres.

The liability of the state for legislative harm is not expressly acknowledged. However, the possibility of the recognition of liability for legislative harm also seems now to be developing, on the basis of rulings of the Constitutional Code in 2011.

The state liability act is founded on the principle of objective and not subjective liability. A further characteristic of state liability is the requirement of an administrative hearing as a kind of filter of the compensation claims.