| Abstract [eng] |
This dissertation analyses liability for damage done to individuals by the public administration. This research in the light of legal approach analyses to whom and how such liability is applied, where the margins of this liability should be drawn, what are the conditions of such liability and how they should be applied. In the first part the conception of liability for damage done to individuals by the public administration is presented, the position of this institute in the Lithuanian legal system is determined and the boundaries between such liability and the other types of liability are drawn. In the second part the conditions of liability that is unlawful actions, damage and causality are analyzed. Comprehensive analysis of the case law is presented and special attention is paid to the “grey areas” where the national courts have not formed the clear and unanimous criteria of public liability. In this approach the relation between illegality of administrative acts and unlawfulness as a condition of civil liability, the results of unlawful regulatory act, the assessment of discretionary and supervisory activities are analyzed, the impact of causal link to the proper application of liability is examined, the variety of damage caused by unlawful acts of the public administration is explored indicating problems that prevent proper awarding of damages. |
