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New Directions in European Public Law

By: Jack Beatson, Professor Paul Matthews
Media of New Directions in European Public Law
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Published: 01-01-1998
Format: Hardback
Edition: 1st
Extent: 216
ISBN: 9781901362244
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £90.00
Online price : £81.00
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Loren Epson

About New Directions in European Public Law

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.

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

“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

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