Article 6

Official text

Individuals are solely responsible before the authorities for violations of the Constitution and the laws. Public servants are responsible for the same violations and the omissions or ultra vires acts committed in the exercise of their functions.

Legal commentary

Interpretation

This article establishes differentiated liability: private individuals operate under the principle of freedom (what is not prohibited is permitted), while public servants operate under the principle of regulated competence (they may only do what is expressly authorized). The inclusion of 'omission' as grounds for liability is significant for positive rights enforcement, contrasting with the US doctrine of limited state action liability (DeShaney v. Winnebago).

Consulted sources

No sources have been consulted for this article yet.