Abstract

The article discusses the issue of whether a judgment of a common court declaring a regulation unconstitutional may be a basis for claiming liability of the State Treasury for legislative unlawfulness under Art. 417¹ § 1 of the Civil Code. In the author’s opinion, under certain conditions the courts may themselves assess constitutionality of regulations, but not every unconstitutionality constitutes a basis for awarding damages. Unlawfulness should be of an aggravated nature, and in addition, it is necessary for the claimant to prove the existence of damage and an adequate causal link.