The non-contractual civil liability of the State legislator for unconstitutional legislative omissions and the uncertainty surrounding this responsibility in the case of illegal legislative omissions: the case of the enhanced laws

Abstract

This article questions the constitutional compliance of article 15, paragraph 3, of Law no. 67/2007, of December 31st, regarding the exclusion of the obligation to indemnify the legislator-state from damages caused by illegal legislative omissions, that is to say, arising from the non-fulfilment of the duties of legislation deriving from enhanced laws. Following the exegesis of the requirements on which the restriction of fundamental rights depends, under article 18 of the Constitution, this provision of Law no. 67/2007, of December 31st, is declared unconstitutional, for violation of the essential core of the Right to reparation for the damages provoked by the state functions, enhanced in article 22 of the Constitution. Given the direct application and self-enforceability of this regulation, such unconstitutionality would have been exceeded, so it would not have been unconstitutional - a legislative omission regarding the procedural regime of control of illegality by omission and civil liability of the legislator for illegal legislative omissions.