Summary

Any state based on the rule of law must provide individuals with a possibility to protect themselves against acts violating their rights. For this, invalidation of administrative legislation is often not sufficient: it is also necessary to eliminate the consequences of an unlawful act. Further, rules on general civil liability are not sufficient in this context either.
Professional liability is only applied if official duties are breached.
It is a widespread principle in the world that, instead of an official who has breached his or her duties, the state bears liability. This ensures better protection of the one who suffers damage. The state has a right of claim against an official who, through breach of his or her official duties, has caused damage.