Liability for the financial management of public assets, – or accidental meeting of branches of law on the dissection table

Abstract

The study examines the liability for breach of duty committed in the field of financial management of public assets. It is an increasing challenge for law enforcers to establish liability, which is attributable to two main reasons. One of them is the increas-ing complexity of economic processes, which appears in the various (and increasingly complicated) decision-making mechanisms, whereas the inaccuracies and collisions present in the legal system constitute the other reason. The unequivocal establishment of liabilities necessitates the rethinking of liability as a system and its harmonisation among the various branches of law. The new Constitution provides legislators with an adequate framework for this. In terms of the liability issues arising in the course of the financial management of public assets, the re-regulation of asset management rights is of fundamental importance.