New Directions in European Public Law

New Directions in European Public Law

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Description

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.show more

Product details

  • Hardback | 216 pages
  • 157.48 x 236.22 x 22.86mm | 453.59g
  • Bloomsbury Publishing PLC
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • 1901362248
  • 9781901362244

Review quote

...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 2002show more

Table of contents

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.show more

About Sir Jack Beatson

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.show more