Liability for unlawful acts and conduct of state authorities

Article 7 of the Bulgarian Constitution establishes the general principle that the State is liable for damage caused by its authorities. Under Article 5(2), the Constitution’s provisions have direct effect. Liability may be pursued against the State in its capacity as a subject of private law or against the relevant state institution, since in either case the obligation to compensate forms part of the State’s liabilities. The State and Municipalities Liability for Damage Act regulates certain specific cases, distinguishing the grounds of liability according to the nature of the state activity. In administrative activity, liability extends to all unlawful decisions, acts and omissions; for the work of the authorities charged with protecting rights, Article 2 covers only the acts it expressly lists. Outside the situations governed by Articles 1 and 2, liability for unlawful decisions and conduct of state authorities may arise under general civil law. Article 7 of the Constitution may therefore be given effect through Article 49 of the Obligations and Contracts Act, in proceedings against the State or the relevant institution. Under Article 49, a person who entrusts work to another is liable for damage caused in the course of or in connection with that work. This requires an assignment of work; a tort under Article 45 committed by the individual actually performing it (conduct, damage, a causal link, unlawfulness and fault); and damage caused in the course of or in connection with the assignment. This includes acts that directly carry out the work, omissions where a duty to act arises from legislation, other regulations or the nature of the work, and acts connected with the assignment even though they do not themselves constitute its performance. Under Article 45(2), fault in tort is presumed until the contrary is proved. The defendant must rebut that presumption by establishing that the person who directly caused the harm was not at fault. Unlawfulness is a legal assessment of the conduct, damage and causal link under the applicable rules, rather than a separate fact requiring proof. Under Article 154(1) of the Code of Civil Procedure, the person seeking compensation must prove the remaining elements of the claim.

This article does not constitute a legal opinion or advice on a specific case. For assistance, consult a lawyer experienced in claims under the State and Municipalities Liability for Damage Act.