| Abstract [eng] |
Tort liability of state towards damages arising from acts of national central bank This work draws attention to discussion towards national central bank’s liability when conducting supervisory powers conferred to it by the state. Lithuania declined its’ immunity against tort liability and established the general right to damages for losses arising from faulty supervisory acts or omissions. This work examines the conceptual underpinning of financial market supervisors’ liability, current legal grounds on state tort liability towards its’ delegated supervisory powers under national law and last but not the least, the specificity of national central bank as financial market supervisor and the tension between its’ independence and third party liability for damages arising from supervisory faults. According to current regulation there is a possibility for the third parties to claim the supervisory acts but at the same time the discussion is going on how should tort liability be recognised on the one hand, or should the supervisory immunity from the third-party liability be established on the other. |
