Page 103 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων

103/115

Διοικητικό Δίκαιο - Προκόπιος Παυλόπουλος - Αστική Ευθύνη του Δημοσίου

The principle of legality and of the Rule of Law does not constitute, however, the only
constitutional foundation of the institution of the tort liability of the state. In particular,

in the case of unlawful and prejudicial acts, omissions, or material acts of the organs of

the state, there develops an activity (or omission) which on the one hand is directed –
or at least has to be directed- to the service of the public interest; and, on the other hand,

it causes prejudice, material or moral, to certain natural or legal persons. The acceptance

of such a situation and the non-provision of restitution mechanisms of the created
imbalances (that is the non-enactment of the tort liability of the state) would evidently

violate the principle of equality; and this is the case, as, otherwise, a person or, at most,
a specific group of persons, would be obligated to be subjected to the prejudicial

consequences of an unlawful state activity or omission, which is included in the context
of a circle of competences, from whose exercise benefits at least in principle, the social

body. Thus, the non-provision of the obligation of the state to restore the damage -

which is caused by unlawful acts, omissions, or material acts- would constitute a blatant
violation of the principle of equality enshrined in art. 4, par. 5 of the Constitution, and,

especially, the imperative of equality before the public charges established in the
provision of art. 4, par. 5 of the Constitution (“Greeks contribute without

discriminations to the public charges, in proportion to their means”).