INTRODUCTION

This chapter aims at an analysis of strict liability with a focus on whether the current regulation of cases of so-called strict liability, in particular with regard to abnormally dangerous operations, embodies or reflects the public interest. If the analysis answers this initial question positively, it will then focus on identifying and categorising the public interest which regulates strict liability, i.e. the identification of particular characters of strict liability, and the cases of justification of the liable party.

Thus, the study should provide for a clear definition of what public interest entails in case of strict liability for damage caused by abnormally dangerous operations, such as power stations, explosives or experimental activities, and explain who holds the public interest and who establishes the public interest within that system of strict liability.

The analysis will be based on a comparison of the Czech legal regulation of liability for abnormally dangerous operations, with similar regulations in the Principles of European Tort Law (PETL) as one of the leading comparative projects in Europe, and with other approaches in European jurisdictions closely connected to the Czech Act No. 89/2012 Coll., Civil Code (the “Civil Code“), such as German or Austrian tort law.

DEFINITION OF PUBLIC INTEREST

As regards the basic definition of public interest, one can identify the fundamental anchoring of the values protected by the legal order in the Czech Constitution and in its Charter of Fundamental Rights and Freedoms, which forms an integral part of the Constitution in the broader sense. Pursuant to Article 1, the Czech Republic is a sovereign and united state governed by democratic rule of law, based on respect for the rights and freedoms of people and citizens. The protection of rights and freedoms is thus a public interest, which is further defined in the legal orders and prohibitions in other legal norms.

However, no general definition of public interest can be found either in Czech law or in other laws. In the Czech Republic, there are some definitions which can be derived from the case law of the Constitutional Court, but all these definitions are based on the purpose of the action.