This Act establishes the conditions under which the State and public entities assume civil liability and recover civil damages from persons who incur civil responsibility due to actions taken in the exercise of public functions. The legislation creates a comprehensive regime governing civil judicial procedures involving public officials and employees of the State administration.

The Act provides that the State assumes civil liability and payment obligations, including any damages or compensation ordered by courts, for acts committed by persons within the State administration in the exercise of public functions. When civil proceedings are initiated against such a person, the relevant entity head or judicial representative, the Attorney General, or the Permanent Secretary (depending on the type of entity involved) must be notified alongside the defendant, without prejudice to the defendant's timeline for responding.

Key protections include: the State serves as guarantor for any sums ordered by courts through precautionary civil acts; once a final court decision is rendered, the State must indemnify the condemned person and any precautionary mandates must be revoked; and the State is obliged to pay only when the public official did not act with deliberate criminal intent (established by a criminal court) or gross negligence (proven). If the State subsequently establishes that the official acted with criminal intent or gross negligence, it may recover amounts paid from that person.

The Act does not prevent independent criminal or disciplinary proceedings from proceeding alongside civil action. In case of conflict with other laws (except the Constitution), this Act's provisions prevail. The legislation applies from its commencement date to pending judicial procedures involving State administration defendants, with a 30-day notification requirement from commencement.

Act on the Responsibility of Persons Holding Public Office and Public Entities (Act XXVI of 2025)