Under Article 7 of the Constitution of the Republic of Bulgaria, the State is liable for damage caused by unlawful acts or conduct of its authorities and officials. The State is a particular form of political organisation of society and governance of social processes. It exists and operates through a system of public authorities. An authority\u2019s actions are therefore actions of the State itself. If an authority\u2019s acts or omissions cause damage to third parties, the State bears liability. The authority does not incur a separate liability to the injured parties that exists alongside the State\u2019s liability for the same damage. State liability may be enforced by an action against the State itself or, where admissible, by an action against the authority whose conduct caused the injury or, as applicable, the individuals acting as part of it. In the latter procedure the authority acts in its own name in place of the State. A claimant may not, however, sue both the State and the authority that caused the damage for compensation in the same proceedings. The claim cannot be heard simultaneously against the party that owes the substantive obligation (the State) and its procedural substitute (the authority acting in its own name). See, among others, Supreme Court of Cassation Judgment No. 249 of 15 January 2021 in civil case No. 4069\/2019 and Judgment No. 72 of 21 April 2020 in civil case No. 2377\/2019, both of the Fourth Civil Division.<\/p>\n
This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with a particular case, consult a civil lawyer who specialises in tort law.<\/em>
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