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Vol 21 No 10 Oct/Nov 2016

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The Liability of Public Authorities in Comparative Perspective

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Edited by: Ken Oliphant

ISBN13: 9781780682389
Published: October 2016
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £93.00



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In recent decades, the liability of public authorities has been one of the main areas of devel-opment 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. 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, Isabelle Durant, Duncan Fairgrieve, Michael G Faure, Israel Gilead, Michael D Green, Anne LM Keirse, Bernhard A Koch, François Lichère, Piotr Machnikow-ski, Ulrich Magnus, Miquel Martín-Casals, Jef de Mot, Johann Neethling, Luca Nocco, Ken Oliphant, Maria José Reis Rangel de Mesquita, Jordi Ribot, Luboš Tichý, Vibe Ulfbeck, Pierre Widmer, Bénédict Winiger.

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Subjects:
Local Government Law
Contents:
Introduction
Questionnaire

PART I. PUBLIC AUTHORITY LIABILITY OUTLINED
Austria
Belgium
Czech Republic
Denmark
England and Wales
France
Germany
Greece
Israel
Italy
The Netherlands
Norway
Poland
Portugal
South Africa
Spain
Switzerland
The United States
European Union
The Liability of Public Authorities: an Economic Analysis

PART II. CASE STUDIES
Case 1. Negligent Safety Certification (Maladministration)
Case 2. Wrongfully Cancelled Licence (Improper Administrative Decision)
Case 3. Missing Warning (Improper Administrative 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

PART III. CONCLUSIONS
The Liability of Public Authorities in Comparative Perspective