This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.
The 'Common Core' of European Administrative Laws: An Introduction 1: Giacinto della Cananea: A 'Common Core' Research on Government Liability in Tort: A Comparative Introduction 2: Mauro Bussani: On the 'Common Core of European Administrative Laws' Methodology (and European Tort Laws) The Legal Systems Selected for Comparison: Principles and Remedies 3: Stefan Storr, Kathrin Bayer, Daniela Bereiter, Luca Mischensky: Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act 4: Barbara Marchetti: The EU Institutions Liability between the Member States Principles and the Causality Standards of the EU Court of Justice 5: Thomas Perroud: Government Liability in France: A Special Regime Under General Principles 6: Ferdinand Wollenschläger and Johannes Stapf: The System of Public Authority Liability in Germany 7: Lilla Berkes: Public Authority Liability in Hungary: Constitutional Principles and Judicial Remedies 8: Fulvio Cortese: The Liability of Public Administration: A Special Regime Between Formal Requirements and Substantial Goals 9: Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, Katarzyna Ziólkowska: The Principles Governing Public Authority Liability in Poland 10: Roxana Vornicu: Public Authority Liability in Romania 11: Eva Maria Nieto Garrido: Constitutional Foundations of Government Liability in Spain 12: Thierry Tanquerel: Constitutional Principles and Judicial Remedies in Switzerland 13: Gordon Anthony: Public Authority Liability in the United Kingdom: A Common Law Perspective Cases 14: Multiple Contributors: Cases Comparative Analyses 15: Jean-Bernard Auby: France, Italy & Spain 16: Carol Harlow: France & the UK 17: Paul Craig: EU Law & UK Law 18: Otto Pfersmann and Angela Ferrari Zumbini: Austria, Germany & Switzerland 19: Giacinto della Cananea: Hungary, Poland & Romania 20: Roberto Caranta: Concluding Remarks: Towards Convergence? The Road Beyond Institutional and Doctrinal Path-Dependence
Giacinto della Cananea is a professor and leading authority on EU administrative law and comparative administrative law. His publications include five monographs, 20 edited volumes, and over 150 articles, book chapters, and comments to judicial decisions on national and EU administrative law, global administrative law, and public finances. He is a co-ordinator of ReNEUAL, and a member of the European Group of Public Law, the European Constitutional Law Network, the Societas Juris Public Europei, and the Dornburg Group of Administrative Law. Roberto Caranta is a professor in the Law Department of the University of Turin (IT), and Director of the Master's Program on Public Procurement Management for Sustainable Development. He works on institutional issues of EU law, and specifically judicial review, environmental law, and public procurement law. He was the General rapporteur to the 2014 FIDE Congress in Copenhagen. He is an editor or co-editor of several texts including the European Procurement Law Series; Cost and EU Public Procurement Law:Life-Cycle Costing for Sustainability (2020); Transparency in EU Procurements (2019); and The Making of a New European Legal Culture: the Aarhus Convention (2018).
