The liability of public authorities in comparative perspective / edited by Ken Oliphant.

Format:

Book

Contributor:

Oliphant, Ken, editor.

Series:

Principles of European tort law (European Group on Tort Law)

Principles of European tort law

Language:

English

Subjects (All):

Administrative responsibility--Europe.

Administrative responsibility.

Government liability--Europe.

Government liability.

Europe.

Physical Description:

1 online resource (xiii, 887 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Intersentia, 2016.

System Details:

text file

PDF

Summary:

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.

Contents:

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.

Notes:

Title from publisher's bibliographic system (viewed on 01 Dec 2017).

Other Format:

Print version:

ISBN:

9781780685595

Access Restriction:

Restricted for use by site license.