Abstract

According to the jurisdiction of the Supreme Court and the Constitutional Tribunal liability of the State Treasury for passing an unlawful decision is restricted to cases of flagrant lawlessness. This position is a result of absolutization of judicial independence combined with a desire to provide courts with the maximum comfort when taking decisions. The philosophical justification for the adopted interpretation is the thesis that there is more than one right answer in complex cases. However, this thesis undermines the functioning of judicial authority, whose role is to find binding solutions to legal disputes and pass judgments concerning citizens’ rights. Additionally, it leads to the asymmetry in the legal system. The State Treasury is immunized due to the thesis of the existence of many right solutions in complex cases, whereas citizens must, as a rule, reckon with the existence of a single correct interpretation and bear liability according to the ruleignorantia iuris nocet.