Public Liability In Eu Law

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Public Liability in EU Law

Author : Pekka Aalto
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318452
Total Pages : 278 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Public Liability in EU Law by : Pekka Aalto

Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

State Liability for Breaches of European Law

Author : Bert Van Roosebeke
Publisher : Springer Science & Business Media
ISBN 13 : 3835094947
Total Pages : 271 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis State Liability for Breaches of European Law by : Bert Van Roosebeke

Download or read book State Liability for Breaches of European Law written by Bert Van Roosebeke and published by Springer Science & Business Media. This book was released on 2007-11-10 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.

Compulsory Liability Insurance from a European Perspective

Author : Attila Fenyves
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110486172
Total Pages : 580 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Compulsory Liability Insurance from a European Perspective by : Attila Fenyves

Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems

European Public Law

Author : Patrick Birkinshaw
Publisher : Cambridge University Press
ISBN 13 : 9780406942883
Total Pages : 700 pages
Book Rating : 4.9/5 (428 download)

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Book Synopsis European Public Law by : Patrick Birkinshaw

Download or read book European Public Law written by Patrick Birkinshaw and published by Cambridge University Press. This book was released on 2003-02 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.

Tort Liability of Public Authorities in European Laws

Author : Giacinto della Cananea
Publisher : Oxford University Press
ISBN 13 : 0192637606
Total Pages : 384 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Tort Liability of Public Authorities in European Laws by : Giacinto della Cananea

Download or read book Tort Liability of Public Authorities in European Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2020-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Medical Liability in Europe

Author : Bernhard A. Koch
Publisher : Walter de Gruyter
ISBN 13 : 3110260166
Total Pages : 749 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Medical Liability in Europe by : Bernhard A. Koch

Download or read book Medical Liability in Europe written by Bernhard A. Koch and published by Walter de Gruyter. This book was released on 2011-07-28 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the first study published in this field by the European Centre of Tort and Insurance Law, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. In order to provide an update on the current situation across European legal systems, this book includes fourteen country reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, each contributor also analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects of liability claims. A concluding comparative analysis highlights commonalities and differences in the liability rules employed, dispute resolution procedures and the insurance background.

Tort Law in the European Union

Author : Gert Brüggemeier
Publisher : Kluwer Law International
ISBN 13 : 9789403500706
Total Pages : 0 pages
Book Rating : 4.5/5 (7 download)

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Book Synopsis Tort Law in the European Union by : Gert Brüggemeier

Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by Kluwer Law International. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Frontex and Human Rights

Author : Melanie Fink
Publisher : Oxford University Press, USA
ISBN 13 : 0198835450
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Frontex and Human Rights by : Melanie Fink

Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford University Press, USA. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.

The Right to Damages in European Law

Author : Andrea Biondi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124764
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Right to Damages in European Law by : Andrea Biondi

Download or read book The Right to Damages in European Law written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.

Compulsory Liability Insurance from a European Perspective

Author : Attila Fenyves
Publisher :
ISBN 13 : 9783110486186
Total Pages : 580 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis Compulsory Liability Insurance from a European Perspective by : Attila Fenyves

Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by . This book was released on 2016 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: – the aims of provisions stating an obligation to take out liability insurance – the mandatory content of insurance cover – the protection mechanisms linked to compulsory liability insurance – the control mechanisms and the sanctions imposed – structural deficiencies of existing compulsory liability insurance systems.

European Intermediary Liability in Copyright: A Tort-Based Analysis

Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

Compensation of Private Losses

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866539347
Total Pages : 259 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Compensation of Private Losses by : Reiner Schulze

Download or read book Compensation of Private Losses written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-08-29 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is one of the core areas of European private law, in particular in the field of business law. However, it often receives less attention than the well-known and widely published developments in the field of European contract law. In order to direct more attention to this important subject, an intensive Round Table discussion on the subject of the evolution of torts in European business law was held. The contributions to this volume reflect the results of the research undertaken by renowned European scholars and practitioners on central aspects such as competition law, company law and intellectual property. Each contribution particularly focuses upon the overarching tendencies and principles within the individual aspect of tort law, thereby directing attention to the future at European level of this essential area of private law. Readership: Lawyers, academics, legal departments, judges, legal professionals concerned with torts in European business law.

New Directions in European Public Law

Author : Jack Beatson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313337
Total Pages : 214 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis New Directions in European Public Law by : Jack Beatson

Download or read book New Directions in European Public Law written by Jack Beatson and published by Bloomsbury Publishing. This book was released on 1998-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

European Tort Law

Author : C. C. van Dam
Publisher : Oxford University Press, USA
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis European Tort Law by : C. C. van Dam

Download or read book European Tort Law written by C. C. van Dam and published by Oxford University Press, USA. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.

Data Protection Law in the EU

Author : Brendan Van Alsenoy
Publisher :
ISBN 13 : 9781780688282
Total Pages : 0 pages
Book Rating : 4.6/5 (882 download)

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Book Synopsis Data Protection Law in the EU by : Brendan Van Alsenoy

Download or read book Data Protection Law in the EU written by Brendan Van Alsenoy and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practically every organisation in the world processes personal data. European data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing and sets out different obligations for each type of actor. The most important distinction in this regard is the distinction between 'controllers' and 'processors'. This book seeks to determine whether EU data protection law should continue to maintain its current distinction.

Financial Regulation and Civil Liability in European Law

Author : Olha O. Cherednychenko
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908116
Total Pages : 327 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Financial Regulation and Civil Liability in European Law by : Olha O. Cherednychenko

Download or read book Financial Regulation and Civil Liability in European Law written by Olha O. Cherednychenko and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

Liability of Legal Persons for Offences in the EU

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046605205
Total Pages : 203 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Liability of Legal Persons for Offences in the EU by : Gert Vermeulen

Download or read book Liability of Legal Persons for Offences in the EU written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions of the possibility to attribute liability to legal persons for committing offenses are far from new. The EU landscape however is scattered. Although there are obligations for the Member States to introduce liability for legal persons committing offenses, diversity remains as to: the offenses that may trigger liability * the legal persons that may be held liable * the attribution theories and mechanisms used * the type of liability, which may be either penal, administrative, or civil * the sanctions that legal persons may incur. Consistent policy making requires an identification of the main commonalities and differences in view of being able to adequately reflect them in cross-national policy initiatives. Hence, the European Commission launched a call for tender for a study on the issue, which was awarded to the Institute for International Research on Criminal Policy (IRCP). The results are published in this book. Based on comparative legal analysis in the EU27, recommendations are formulated relating to the EU approximation policy (amongst others to reconsider the concept of a 'legal person' and to look into the need for specific 'legal person'-offenses), the functioning of mutual recognition (amongst others to extend the current mutual recognition instrumentarium), the exchange of information (amongst others to develop a criminal records policy), and procedural safeguards (amongst others to secure equivalent protection outside a criminal liability context). In other words, a helicopter view is taken to ensure consistent EU policy making. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 44)