|Opis:||Current legal regulations in legal practice often allow for different interpretations. According
to the established judicial system, ie. the possibility of appeal procedure, is this partly expected.
However in practice, there may be situations that a particular interpretation of the law is
opposed to the essence of the law. When this happens in a judicial, administrative or other
proceedings the State liability for damages can be established. These are cases where
individuals have suffered damage as a result of acts of either state bodies or holders of state
authority. This master thesis will focus only on the damage caused by the violation of human
rights and fundamental freedoms. For establishing State liability for damages must first be
fulfilled general assumptions of liability for damages as well as certain specific assumptions,
since the State is a special entity under public law.
This applies especially in the case when the State acts authoritative, ie. when State by its public
servants in the judicial, administrative or other proceedings decide on the rights of individuals.
State in these cases acts imperious and therefore with stronger will to the individuals.
Conventional dispute, when the state is equal in relation to individuals, the Master's thesis does
not cover. The State may be liable for damages only when it acted unlawfully, thus in conflict
with the law, which must beside the laws adopted by the Government of Slovenia also consider
the supranational regulations that are binding for Slovenia. When Slovenia in 2004 acceded to
the European Union it has committed itself to respect its legal system. Therefore, certain legal
provisions adopted at European Union level level become an integral part of the Slovenian law.
What is more, this supranational provision should be known and respected by the judicial or
administrative servants within their labour responsibilities. However, Slovenia is bound by
another supranational regulations. One of the most important is the Convention for the
Protection of Human Rights and Fundamental Freedoms, which was ratified by Slovenia in
1994. In regulates key human rights and fundamental freedoms that should be recognized for
each and every individual, and which should be limited only in exceptional cases. Said
convention is important not only due to the catalog of rights that it provides but also because
of the control system, which was established for the protection of these rights. Leading role in
this connection has European Court of Human Rights, which has State liability for damages
repeatedly recognized. Why is this important for the Slovenian courts? European Court of
Human Rights concerns the uniform interpretation and application of the ECHR. What is more
its decisions are binding on all national courts and all other authorities and bodies in the
signatory States. Consequently should Slovenian court, when deciding on State liability for
damgaes due to the infringement of human rights and fundamental freedons, take into account
also the rulings already taken by the European Court of human Rigths.|