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Tort Liability of Public Authorities in European Laws - Oxford Scholarship Online
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Tort Liability of Public Authorities in European Laws

Giacinto della Cananea and Roberto Caranta

Abstract

This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability opera ... More

Keywords: Administrative law, Administrative procedure, Common core, Convergence and divergence, European Convention on Human Rights, European Union, Non-contractual liability of public authorities, Procedural breaches, Public administration, Public law and private law

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198867555
Published to Oxford Scholarship Online: March 2021 DOI:10.1093/oso/9780198867555.001.0001

Authors

Affiliations are at time of print publication.

Giacinto della Cananea, editor
Professor of Administrative Law, Bocconi University

Roberto Caranta, editor
Professor of Administrative Law, University of Turin

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Contents

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Part I The ‘Common Core’ of European Administrative Laws: An Introduction

Part II 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, and Luca Mischensky

6 The System of Public Authority Liability in Germany

Ferdinand Wollenschläger and Johannes Stapf

9 The Principles Governing Public Authority Liability in Poland

Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, and Katarzyna Ziółkowska

Part III Cases

14 Cases

Giacinto della Cananea Roberto Caranta

Part IV Comparative Analyses

15 France, Italy, and Spain

Jean-Bernard Auby

18 Austria, Germany, and Switzerland

Angela Ferrari Zumbini and Otto Pfersmann*

19 Hungary, Poland, and Romania

Giacinto della Cananea