The Liability of Public Authorities in Comparative Perspective

The Liability of Public Authorities in Comparative Perspective

by Ken Oliphant (Editor)


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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 recognized 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-warrants close attention. In this context, the present study contributes 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 harmonization in the area-specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.

Product Details

ISBN-13: 9781780682389
Publisher: Intersentia
Publication date: 09/15/2015
Series: Principles of European Tort Law Series , #1
Pages: 888
Product dimensions: 6.25(w) x 9.50(h) x 1.90(d)

About the Author

Ken Oliphant joined the University of Bristol Law School in 2006 and was appointed Professor of Tort Law in 2008. From 2009 to 2013, while on extended leave from the Law School, he was Director of the Institute for European Tort Law in the Austrian Academy of Sciences. He previously held faculty positions at King’s College London (1988-99) and Cardiff University (1999-2006). He pursues research on a wide-ranging set of topics relating to English, European and comparative tort law, and compensation for incapacity. He is a member of the European Group on Tort Law (and leading its current project on public authority liability), the European Law Institute, and the American Law Institute (for which he is currently an Adviser on the Restatement Third of Torts: Economic Harm).

Table of Contents

Preface v

List of Authors xi

Introduction Ken Oliphant 1

Questionnaire 5

Part I Public Authority Liability Outlined

Austria Bernhard A Koch 19

Belgium Isabelle Durant 51

Czech Republic Lubos Tichy 81

Denmark Vibe Ulfbeck 105

England and Wales Ken Oliphant 127

France Duncan Fairgrieve François Lichere 155

Germany Ulrich Magnus 177

Greece Eugenia Dacoronia 195

Israel Israel Gilead 225

Italy Giovanni Comandé Luca Nocco 251

The Netherlands Anne Keirse 295

Norway Bjarte Askeland 331

Poland Ewa Baginska 351

Portugal Maria José Reis Rangel De Mesquita 387

South Africa Johann Neethling 421

Spain Miquel Martín-Casals Jordi Ribot 463

Switzerland Pierre Widmer Bénédict Winiger 507

The United States Michael D Green Jonathan Cardi 537

European Union Piotr Machnikowski 559

The Liability of Public Authorities: an Economic Analysis Jef De Mot Michael Faure 587

Part II Case Studies

Case 1 Negligent Safety Certification (Maladministration) 621

Case 2 Wrongfully Cancelled Licence (Improper Administrative Decision) 661

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

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

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

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

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

Part III Conclusions

The Liability of Public Authorities in Comparative Perspective Ken Omphant 849

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