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The Liability of Public Authorities in Comparative Perspective

Edited by: Ken Oliphant

ISBN13: 9781780682389
Published: October 2016
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £79.05



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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.

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

Series: Principles of European Tort Law

Prescription in Tort Law: Analytical and Comparative Perspectives ISBN 9781780689630
Published August 2020
Intersentia Publishers
£113.00
Regulating Risk Through Private Law ISBN 9781780684796
Published January 2018
Intersentia Publishers
£90.00
European Product Liability and New Technologies ISBN 9781780683980
Published August 2016
Intersentia Publishers
£96.05
Unification of Tort Law: Causation
Edited by: Jaap Spier
ISBN 9789041113252
Published November 2002
Kluwer Law International
£67.00
Unification of Tort Law: Strict Liability ISBN 9789041117052
Published November 2001
Kluwer Law International
£212.00
Unification of Tort Law: Damages
Edited by: Ulrich Magnus
ISBN 9789041114815
Published December 2000
Kluwer Law International
£151.00
Unification of Tort Law: Wrongfulness
Edited by: Helmut Koziol
ISBN 9789041110190
Published November 1998
Kluwer Law International
£71.00
The Limits of Expanding Liability: Eight Fundamental Cases in a Comparative Perspective
Edited by: Spier
ISBN 9789041105813
Published January 1995
Kluwer Law International
£148.00