15 - State Responsibility from a Central European Perspective

Summary

The author presents the constitutional model of State responsibility in Central Europe as exemplified by four legal systems: the Czechia, Hungary, Poland and Slovakia. In all of them, the legal rule providing for the reparation of damage caused by public authorities takes the shape of a subjective constitutional right which requires implementation in ordinary legislation. The very generous system of the Polish Constitution led to some limitations and qualifications of the broad constitutional right by the case law. In Hungary, a similarly broadly phrased constitutional right coexists with quite restrictive legislative provisions and a case law which tends to go slowly and cautiously beyond the letter of the ordinary legislation. In the Czech Republic and Slovakia, the drafters of the Constitutions were much more cautious and the precise content of the constitutional right is specified in ordinary legislation. State responsibility mechanisms at the domestic level have proven quite effective to compensate material damage. The greatest remaining challenge is compensation of moral damage.