Overview

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.

Full Product Details

Author:   Jack Beatson (University of Oxford, UK) ,  Professor Professor Paul Matthews
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 1.70cm , Length: 23.40cm
Weight:   0.420kg
ISBN:  

9781901362244

ISBN 10:   1901362248
Pages:   216
Publication Date:   01 January 1998
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction Jack Beatson and Takis Tridimas 2. Member State Liability in Damages for Breach of Community Law: An Assessment of the Case Law Takis Tridimas 3. Taking Article 215(2) EC Seriously Walter van Gerven 4. State Liability in Damages following Factortame III: A Remedy Seen in Context Peter Oliver 5. Liability of Member States in Damages and the Community System of Remedies Piet Eeckhout 6. The Domestic Liability of Public Authorities in Damages: Lessons from the European Community? Paul Craig 7. Rebirth of the Innominate Tort? Mark Hoskins 8. Give and Take: Cross-Fertilisation of Concepts in Constitutional Law Eivind Smith 9. The Constitution and the Justification of Judicial Power Ivan Hare 10. Developments in Italian Administrative Law through Cross-fertilisation Luisa Torchia 11. Mechanisms for Cross-fertilisation of Administrative Law in Europe John Bell 12. Transplantation and Cross-fertilisation in European Public Law John W. F. Allison 13. Epilogue: Recent Developments in the Law relating to State Liability in Damages Takis Tridimas

Reviews

...this book provides a combination of interesting perspectives in European public law. It leads the way to further comparative legal research into the evolving system of national remedies for the breaches of Community law. Martina Kunnecke European Public Law September 2002 The book is an important work not only because of its detailed analysis of the existing case law relating to State liability but also in identifying possible future developments in this field. Paul Hughes European Law Review September 2002

...this book provides a combination of interesting perspectives in European public law. It leads the way to further comparative legal research into the evolving system of national remedies for the breaches of Community law. -- Martina Kunnecke * European Public Law * The book is an important work not only because of its detailed analysis of the existing case law relating to State liability but also in identifying possible future developments in this field. -- Paul Hughes * European Law Review *

…this book provides a combination of interesting perspectives in European public law. It leads the way to further comparative legal research into the evolving system of national remedies for the breaches of Community law. -- Martina Kunnecke * European Public Law * The book is an important work not only because of its detailed analysis of the existing case law relating to State liability but also in identifying possible future developments in this field. -- Paul Hughes * European Law Review *

Author Information

Sir Jack Beatson is a High Court judge, having previously been the Rouse Ball Professor of English Law in the University of Cambridge, and Fellow of St. John's College, Cambridge. Takis Tridimas is the Sir John Lubbock Professor of Banking Law and the Head of the International Financial Law Unit of the Centre for Commercial Law Studies, Queen Mary, University of London.

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