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The Resource Public liability in EU law : Brasserie, Bergaderm and beyond, Pekka Aalto

Public liability in EU law : Brasserie, Bergaderm and beyond, Pekka Aalto

Creator
Summary
"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"--Provided by publisher
Language
eng
Work
Publication
Extent
1 online resource (xxxvii, 240 pages)
Contents
  • Introduction
  • Parameters of convergence
  • Contexts of convergence
  • Alignment of the two liability systems
  • Liability of the European Union
  • Liability of the Member States
  • Conclusions
Isbn
9781280125577
Instance
Label
Public liability in EU law : Brasserie, Bergaderm and beyond
Title
Public liability in EU law
Title remainder
Brasserie, Bergaderm and beyond
Statement of responsibility
Pekka Aalto
Title variation
Public liability in European Union law
Creator
Subject
Language
eng
Summary
"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"--Provided by publisher
Member of
Cataloging source
N$T
http://library.link/vocab/creatorName
Aalto, Pekka
Dewey number
341.242/2
Illustrations
illustrations
Index
index present
LC call number
KJE5786
LC item number
. A925 2011eb
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
Series statement
Modern studies in European law
http://library.link/vocab/subjectName
  • Government liability
  • Administrative responsibility
  • Administrative law
  • Remedies (Law)
  • LAW
  • Administrative law
  • Administrative responsibility
  • Government liability
  • Remedies (Law)
  • European Union countries
  • Europees recht
  • Regelgeving
  • Bestuursrecht
  • UE/CE Droit
  • Responsabilité de l'Etat
  • UE/CE Union européenne
  • Responsabilité civile
  • Dommages et intérêts
  • UE/CE Cour de justice
  • Jurisprudence
  • Etudes de cas
  • UE/CE Etats membres
  • Torts
Label
Public liability in EU law : Brasserie, Bergaderm and beyond, Pekka Aalto
Instantiates
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references (pages 221-234) and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Introduction -- Parameters of convergence -- Contexts of convergence -- Alignment of the two liability systems -- Liability of the European Union -- Liability of the Member States -- Conclusions
Control code
785394789
Dimensions
unknown
Extent
1 online resource (xxxvii, 240 pages)
File format
unknown
Form of item
online
Isbn
9781280125577
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
illustrations.
http://library.link/vocab/ext/overdrive/overdriveId
9781847318190
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)785394789
Label
Public liability in EU law : Brasserie, Bergaderm and beyond, Pekka Aalto
Publication
Antecedent source
unknown
Bibliography note
Includes bibliographical references (pages 221-234) and index
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Color
multicolored
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Introduction -- Parameters of convergence -- Contexts of convergence -- Alignment of the two liability systems -- Liability of the European Union -- Liability of the Member States -- Conclusions
Control code
785394789
Dimensions
unknown
Extent
1 online resource (xxxvii, 240 pages)
File format
unknown
Form of item
online
Isbn
9781280125577
Level of compression
unknown
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
illustrations.
http://library.link/vocab/ext/overdrive/overdriveId
9781847318190
Quality assurance targets
not applicable
Reformatting quality
unknown
Sound
unknown sound
Specific material designation
remote
System control number
(OCoLC)785394789

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Genre

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      38.710138 -90.311107

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