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13.
Protipravnost ravnanja države v novejši sodni praksi
Dolenc, Mile
State liability is governed by the Constitution of the Republic of Slovenia. According to the first paragraph of Article 26, everyone has the right to compensation for damage caused to them in ...connection with the performance of services or any other activity of a state body, local community body or holder of public powers by the unlawful acts of a person or body performing such function or activity performs. The first question that arises is whether the provision is self-sufficient. The answer is in the negative case law. The provision must be applied together with the provisions on general tort. For the part of the case law is not enough to conduct an objective illegality of the state, but also takes into account the care the person who causes damage to (his fault). It is essential for this position is that the care seen as an integral part of the unlawful conduct. The second part of the case law of the two elements taken separately. In some Supreme Court decisions, the position of the capability of violation of the country in terms of intentional or knowingly incorrect substantive interpretation of the provision. Jurisprudence has shaped the doctrine of conduct in the context of decisionmaking powers. It was created on the basis of a legal opinion from 1995. The Supreme Court is clear from the nature of the judgeʹs work is such that in each case be legal norms or facts interpreted differently. Accordingly, it should also be considered his fault. In recognition of the view that a judge can not be held responsible for damages to interpret the law within the boundaries of the given mandate. This position has been extended also to decide in administrative proceedings. Liability for damages due to the long duration of court proceedings is based on the case law of the Constitutional Court, which permits State liability for system errors, although specific cause of the damage has not been established. Everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or authority performing such function or activity within a state or local community authority or as a bearer of public authority.
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