Martin Kopecký
Author’s affiliation: Faculty of Law, University of West Bohemia

Liability for Damage Caused by a Professional Chamber within the Exercise of Public Power

Jurisprudence 4/2017 Section: Articles Page: 23-32

Keywords: self-government, public law corporation, public power, liability for damage

Abstract: The article analyzes the status of professional chambers as one of the types of public administration entities which are legally entrusted to exercise public power and, in particular, focuses on the question of who and under what legal rules is responsible for possible damage caused by the activity of professional chambers. The article is based on a model example of disciplinary proceedings initiated against a lawyer by the Czech Bar Association, whereas the case has been recently dealt with by the Czech Supreme Court and the Constitutional Court. It appears that the legal regulation does not explicitly address the question of legal liability for damage caused by the exercise of public power by the bodies of professional chambers (as the so-called non-territorial self-government entities). Judicial practice responds differently to this gap in the law when it sometimes considers the activity of professional chambers as a specific type of state administration, while other times, it rejects this concept and directly assumes the responsibility of the professional chambers as such for the damage caused by their activities.