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The Liability of Public Authorities in Comparative Perspective

Edited by Ken Oliphant, By (author) European Group on Tort Law, Contributions by Ken Oliphant, Contributions by Bernhard Koch, Contributions by Isabelle Durant, Contributions by Lubos Tichy, Contributions by Vibe Ulfbeck, Contributions by Duncan Fairgrieve, Contributions by Francois Lichere, Contributions by Ulrich Magnus

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In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, 'Member State liability' has also been recognised in the law of the EU, and the interplay of principles of national and EU law and additionally the 'just satisfaction' jurisprudence of the European Court of Human Rights evidently warrants close attention. In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.