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New Directions in European Public Law

Edited by: Sir Jack Beatson, Takis Tridimas

ISBN13: 9781901362244
ISBN: 1901362248
Published: January 1998
Publisher: Hart Publishing
Format: Hardback
Price: £110.00

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This collection of essays arises from two symposia held at the University of Cambridge, Centre for European Legal Studies, in the spring and summer of 1997. It presents an analysis of issues arising from the EU public law arena, but 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, including:

    member state liability in damages
    the role of Article 215
    the Community system of remedies
    the domestic liability of public authorities in damages, and
    tortious liability in EC law

The second part deals with EU public law more broadly, by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The essays in this section include:

    the cross-fertilization of concepts in constitutional law
    cross-fertilization in EU administrative law
    transplantation and cross-fertilization
    constitutions and judicial power, and
    cross-fertilization in Italian administrative law

Member state liability in damages for breach of community law - an assessment of the case law (Takis Tridimas)
Taking Article 215(2) EC seriously (Walter van Gerven)
State liability in damages following "factortame III" - a remedy seen in context (Peter Oliver)
Liability of member states in damages and the community system of remedies (Piet Eeckhout)
The domestic liability of public authorities in damages - lessons from the European Community? (Paul Craig)
Rebirth of the innominate tort? (Mark Hoskins)
Give and take - cross-fertilisation of concepts in constitutional law (Eivind Smith)
The constitution and the justification of judicial power (Ivan Hare)
Developments in Italian administrative law through cross-fertilisation (Luisa Torchia)
Mechanisms for cross-fertilisation of administrative law in Europe (John Bell)
Transplantation and cross-fertilisation in European public law (John W.F. Allison)
Epilogue - Recent developments in the law relating to state liability in damages (Takis Tridimas)