9781780685595 (ebook) 9781780682389 (paperback)
Principles of European tort law (European Group on Tort Law)
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.
Title from publisher's bibliographic system (viewed on 01 Dec 2017).
Formatted Contents Note
Introduction / Ken Oliphant Austria / Bernard A. Koch Belgium / Isabelle Durant Czech Republic / Luboš Tichý Denmark / Vibe Ulfbeck England and Wales / Ken Oliphant France / Duncan Fairgrieve and François Lichere Germany / Ulrich Magnus Greece / Eugenia Dacoronia Israel / Israel Gilead Italy / Giovanni Comandé and Luca Nocco The Netherlands / Anne Keirse Norway / Bjarte Askeland Poland / Ewa Bagínska Portugal / Maria José Reis Rangel de Mesquita South Africa / Johann Neethling Spain / Miquel Martín-Casalas and Jordi Ribot Switzerland / Pierre Widmer and Bénédict Winiger The United States / Michael D. Green and Johathan Cardi European Union / Piotr Machnikowski The liability of public authorities : an economic analysis / Jef de Mot and Michael Faure Case 1. Negligent safety certification (maladministration) Case 2. Wrongfully cancelled licence (improper administrative decision) Case 3. Missing warning (improper administration omission : omission following prior creation of risk) Case 4. Fireworks store (improper administrative omission : pure omission) Case 5. Unfounded criminal charges (prosecutorial and judicial acts) Case 6. Unpasteurised cheese (possibly improper regulatory act : improper regulatory omission) Case 7. Police cross-fire (properly conducted administrative activities) The liability of public authorities in comparative perspective / Ken Oliphant.