Tribunal ruling opens the way for citizens to claim damages from the State

Citizens have the right to receive compensation for harm they suffer resulting from the unlawful actions of public officials, the Constitutional Tribunal ruled yesterday. The State is therefore obliged to pay damages, even if the fault of an official is not stated by a court. The Tribunal reached its decision in ruling in the cases of two citizens who claimed they had suffered as a result of actions by the police and Treasury Office. Romuald K. was dismissed from the police force in 1974 after marrying in a church. Malgorzata and Ryszard B. received no interest from the Treasury Office, even though it had kept their money for 1,503 days. In ruling in the cases, the Tribunal found that the current legislation contained in the civil code, limiting the responsibility of the State, runs counter to the Constitution. As a result, all people who suffer as a result of unlawful decisions now have the right to seek redress through legal or administrative action. (Rzeczpospolita, p. 1) M.K.