The state's liability in the exercise of public authority

The exercise of public authority refers to administrative duties regarding the granting of benefits, the establishment of rights, and the enforcement and coercion of obligations. The exercise of public authority includes, for example, decision-making and direct use of authority by an official, such as the use of police force and certain measures in prisoner care.

A damage caused by an error or an omission in the exercise of public authority will be compensated only if the performance of the activity or task, in view of its nature and purpose, has not met the reasonable requirements set for it. This limits the liability connected to the exercise of public authority by raising the degree of negligence resulting in liability.

Damage caused by a decision eligible for appeal:

Making decisions on legally grounded benefits, rights or responsibilities is also a form of exercising public authority. Authorities must enclose instructions for appeal with such decisions.

If a damage has been caused by a decision eligible for appeal, the person who has suffered damages must appeal for a change in order to retain their rights for a compensation. If an appeal is neglected without a valid reason, one loses their chance to appeal for compensation from the public authority. The possibility to avoid the causation of damage through appeal is the premise for losing eligibility.

Published 2015-03-02 at  9:17 , updated 2015-03-02 at  12:52
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