State Civil Liability Arising from Regulation

Abstract

In the contemporary era, the structure of governments has undergone fundamental changes. With the emergence of concepts such as the welfare state, social expectations from governments—particularly in the realm of ensuring public welfare and improving citizens' quality of life—have significantly increased. These transformations reflect the shift of governments from an absolute and authoritative sovereign role to that of a service-oriented and welfare-facilitating entity. Within this framework, service-oriented governments are obligated to create and provide favorable conditions for social welfare, including through the formulation and implementation of effective regulations. Consequently, if governmental regulatory actions result in harm to individuals, the principles of civil liability dictate that the government must assume responsibility and compensate for the damages incurred. It should be noted that state civil liability in the domain of regulation encompasses two aspects: first, inappropriate regulation and the ineffective enforcement of existing regulations; and second, the failure to legislate in areas where regulatory intervention is explicitly required. The present article analyzes state civil liability in this field and examines its various legal and practical dimensions.