Public liability in EU law : Brasserie, Bergaderm and beyond

Resource Information

The work Public liability in EU law : Brasserie, Bergaderm and beyond represents a distinct intellectual or artistic creation found in University of Missouri-St. Louis Libraries. This resource is a combination of several types including: Work, Language Material, Books.

Label

Public liability in EU law : Brasserie, Bergaderm and beyond

Title remainder

Brasserie, Bergaderm and beyond

Statement of responsibility

Pekka Aalto

Title variation

Public liability in European Union law

Creator

• Aalto, Pekka

Subject

• Administrative law -- European Union countries
• Administrative responsibility
• Administrative responsibility -- European Union countries
• Bestuursrecht
• Dommages et intérêts
• Electronic books
• Etudes de cas
• European Union countries
• Europees recht
• Government liability
• Government liability -- European Union countries
• Jurisprudence
• LAW -- International
• Regelgeving
• Remedies (Law)
• Remedies (Law) -- European Union countries
• Responsabilité civile
• Responsabilité de l'Etat
• Torts -- Delicts
• UE/CE Cour de justice
• UE/CE Droit
• UE/CE Etats membres
• UE/CE Union européenne
• Administrative law

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

• Modern studies in European law

Cataloging source

N$T

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