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Tort Liability of Public Authorities in European Laws - The Common Core of European Administrative law

Tort Liability of Public Authorities in European Laws - The Common Core of European Administrative law

CARANTA Roberto , DELLA CANANEA Giacinto

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Summary

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.

Table of contents

The 'Common Core' of European Administrative Laws: An Introduction
1:A 'Common Core' Research on Government Liability in Tort: A Comparative Introduction, Giacinto della Cananea
2:On the 'Common Core of European Administrative Laws' Methodology (and European Tort Laws), Mauro Bussani
The Legal Systems Selected for Comparison: Principles and Remedies
3:Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act, Stefan Storr, Kathrin Bayer, Daniela Bereiter, Luca Mischensky
4:The EU Institutions Liability between the Member States Principles and the Causality Standards of the EU Court of Justice, Barbara Marchetti
5:Government Liability in France: A Special Regime Under General Principles, Thomas Perroud
6:The System of Public Authority Liability in Germany, Ferdinand Wollenschläger and Johannes Stapf
7:Public Authority Liability in Hungary: Constitutional Principles and Judicial Remedies, Lilla Berkes
8:The Liability of Public Administration: A Special Regime Between Formal Requirements and Substantial Goals, Fulvio Cortese
9:The Principles Governing Public Authority Liability in Poland, Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, Katarzyna Ziólkowska
10:Public Authority Liability in Romania, Roxana Vornicu
11:Constitutional Foundations of Government Liability in Spain, Eva Maria Nieto Garrido
12:Constitutional Principles and Judicial Remedies in Switzerland, Thierry Tanquerel
13:Public Authority Liability in the United Kingdom: A Common Law Perspective, Gordon Anthony
Cases
14:Cases, Multiple Contributors
Comparative Analyses
15:France, Italy & Spain, Jean-Bernard Auby
16:France & the UK, Carol Harlow
17:EU Law & UK Law, Paul Craig
18:Austria, Germany & Switzerland, Otto Pfersmann and Angela Ferrari Zumbini
19:Hungary, Poland & Romania, Giacinto della Cananea
20:Concluding Remarks: Towards Convergence? The Road Beyond Institutional and Doctrinal Path-Dependence, Roberto Caranta