Full Description
This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses.
Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'.
This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.
Contents
The 'Common Core' of European Administrative Laws: An Introduction
1: Giacinto della Cananea: A 'Common Core' Research on Government Liability in Tort: A Comparative Introduction
2: Mauro Bussani: On the 'Common Core of European Administrative Laws' Methodology (and European Tort Laws)
The Legal Systems Selected for Comparison: Principles and Remedies
3: Stefan Storr, Kathrin Bayer, Daniela Bereiter, Luca Mischensky: Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act
4: Barbara Marchetti: The EU Institutions Liability between the Member States Principles and the Causality Standards of the EU Court of Justice
5: Thomas Perroud: Government Liability in France: A Special Regime Under General Principles
6: Ferdinand Wollenschläger and Johannes Stapf: The System of Public Authority Liability in Germany
7: Lilla Berkes: Public Authority Liability in Hungary: Constitutional Principles and Judicial Remedies
8: Fulvio Cortese: The Liability of Public Administration: A Special Regime Between Formal Requirements and Substantial Goals
9: Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, Katarzyna Ziólkowska: The Principles Governing Public Authority Liability in Poland
10: Roxana Vornicu: Public Authority Liability in Romania
11: Eva Maria Nieto Garrido: Constitutional Foundations of Government Liability in Spain
12: Thierry Tanquerel: Constitutional Principles and Judicial Remedies in Switzerland
13: Gordon Anthony: Public Authority Liability in the United Kingdom: A Common Law Perspective
Cases
14: Multiple Contributors: Cases
Comparative Analyses
15: Jean-Bernard Auby: France, Italy & Spain
16: Carol Harlow: France & the UK
17: Paul Craig: EU Law & UK Law
18: Otto Pfersmann and Angela Ferrari Zumbini: Austria, Germany & Switzerland
19: Giacinto della Cananea: Hungary, Poland & Romania
20: Roberto Caranta: Concluding Remarks: Towards Convergence? The Road Beyond Institutional and Doctrinal Path-Dependence
