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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Liability of Public Bodies

Liability of Public Bodies

Chapter:
(p.530) 18 Liability of Public Bodies
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0018

This chapter examines the liability of public authorities. The link with public law is a complicating factor, as is the role of discretion when assessing public authorities' liability. The legal systems of France, Germany, and England have a variety of approaches in this respect, and also at a constitutional level with respect to the way the judiciary is allowed to scrutinize acts of the legislature and the executive. Adding to this complexity is the case law of the two supranational courts, the European Court of Justice, and the European Court of Human Rights, which increasingly influence the liability of public authorities. The chapter shows how intertwined supranational law, national law, and comparative law have become as well as the dynamics of this part of European tort law.

Keywords:   tort law, public authorities, France, Germany, England, public law, judicial review, European law, European Court of Justice, European Court of Human Rights

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