The Liability of Public Authorities in Comparative Perspective

In recent decades, the liability of public authorities has been one of the main areas of development in tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognised in the law of the EU, and the interplay of principles of national and EU law – and additionally the ‘just satisfaction’ jurisprudence of the European Court of Human Rights – evidently warrants close attention.
Editor(s):
Ken Oliphant
Series:
Principles of European Tort Law
Volume:
1
book | published | 1st edition
October 2016 | xiv + 888 pp.

Paperback
€98.-


ISBN 9781780682389


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Details

In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognised in the law of the EU, and the interplay of principles of national and EU law – and additionally the ‘just satisfaction’ jurisprudence of the European Court of Human Rights – evidently warrants close attention. In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area – specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.

With contributions by:
Bjarte Askeland, Ewa Bagińska, Jonathan Cardi, Giovanni Comandé, Eugenia Dacoronia, Jef de Mot, Isabelle Durant, Duncan Fairgrieve, Michael Faure, Israel Gilead, Michael D Green, Anne Keirse, Bernhard A Koch, François Lichère, Piotr Machnikowski, Ulrich Magnus, Miquel Martín-Casals, Johann Neethling, Luca Nocco, Ken Oliphant, Maria José Reis Rangel de Mesquita, Jordi Ribot, Luboš Tichý, Vibe Ulfbeck, Pierre Widmer, Bénédict Winiger.

About the editor:
Ken Oliphant is a Professor of Tort Law at the University of Bristol, United Kingdom.

Chapters

Contents (p. 0)

Introduction (p. 1)

Questionnaire (p. 7)

PART I. PUBLIC AUTHORITY LIABILITY OUTLINED

Austria (p. 17)

Belgium (p. 51)

Czech Republic (p. 81)

Denmark (p. 105)

England and Wales (p. 127)

France (p. 155)

Germany (p. 177)

Greece (p. 195)

Israel (p. 225)

Italy (p. 251)

The Netherlands (p. 295)

Norway (p. 331)

Poland (p. 351)

Portugal (p. 387)

South Africa (p. 421)

Spain (p. 463)

Switzerland (p. 507)

The United States (p. 537)

European Union (p. 559)

The Liability of Public Authorities: an Economic Analysis (p. 587)

PART II. CASE STUDIES

Case 1. Negligent Safety Certification (Maladministration) (p. 619)

Case 2. Wrongfully Cancelled Licence (Improper Administrative Decision) (p. 661)

Case 3. Missing Warning (Improper Administrative Omission - Omission following Prior Creation of Risk) (p. 699)

Case 4. Fireworks Store (Improper Administrative Omission - Pure Omission) (p. 731)

Case 5. Unfounded Criminal Charges (Prosecutorial and Judicial Acts) (p. 761)

Case 6. Unpasteurised Cheese (Possibly Improper Regulatory Act - Improper Regulatory Omission) (p. 793)

Case 7. Police Cross-fire (Properly Conducted Administrative Activities (p. 823)

PART III. CONCLUSIONS

The Liability of Public Authorities in Comparative Perspective (p. 847)

About the series:

Principles of European Tort Law

The series Principles of European Tort Law of the European Group on Tort Law contributes to the advancement and harmonisation of tort law in Europe.

The Group’s members are leading academics from civil law, common law and mixed legal systems who believe that the advancement of European tort law is of major relevance to European citizens and the European economy. Publications in this series, edited by different members of the Group, illuminate and analyse the existing legal position on fundamental and topical issues of tort law on a national and European level, taking into account relevant theoretical and inter-disciplinary perspectives. A key feature of each publication will be the analysis of hypothetical cases, showing clearly in practical terms where jurisdictions diverge or converge.

It is envisaged that the series will culminate in the publication of an updated, revised and expanded version of the Principles of European Tort Law, building on the research and analysis contained in the earlier volumes of the series.

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