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Public Authority Liability in Hungary: Constitutional Principles and Judicial Remedies

Lilla Berkes

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0007
Subject:
Law, Constitutional and Administrative Law

In Hungary, government liability in tort was affected by the constitutional change that occurred after 1989. A new provision clearly stating government liability replaced the old one. A public body ... More


Public Authority Liability in Romania

Roxana Vornicu

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0010
Subject:
Law, Constitutional and Administrative Law

The Romanian regime for administrative liability has much in common with other systems of continental Europe. There is no immunity for public authorities. This is excluded by the Constitution, by way ... More


The Principles Governing Public Authority Liability in Poland

Marek Wierzbowski, Marek Grzywacz, Joanna Róg Dyrda, and Katarzyna Ziółkowska

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0009
Subject:
Law, Constitutional and Administrative Law

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very ... More


France, Italy, and Spain

Jean-Bernard Auby

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0015
Subject:
Law, Constitutional and Administrative Law

This chapter compares the respective answers that are provided by the French, Italian, and Spanish systems of administrative liability at two levels. The first one concerns the foundations of present ... More


Austria, Germany, and Switzerland

Angela Ferrari Zumbini and Otto Pfersmann

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0018
Subject:
Law, Constitutional and Administrative Law

This chapter intends to shed light on commonalities and distinctive features of public authority liability in Austria, Germany, and Switzerland. In the first part, background commonalities and ... More


Hungary, Poland, and Romania

Giacinto della Cananea

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0019
Subject:
Law, Constitutional and Administrative Law

This chapter compares the respective answers of the Hungarian, Polish, and Romanian systems of administrative liability. It begins by noting that after 1989, all such countries modified their ... More


France and the United Kingdom

Carol Harlow

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter compares the respective answers of the English and French systems of administrative liability within a wider comparative study that focuses on outcomes. The chapter is in three parts. It ... More


The Liability of Public Administration: A Special Regime between Formal Requirements and Substantial Goals

Fulvio Cortese

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0008
Subject:
Law, Constitutional and Administrative Law

At the end of the nineteenth century, Italian courts constructed government liability in narrow terms, excluding it whenever government took acts of imperium. Article 28 of the Constitution deviates ... More


The System of Public Authority Liability in Germany

Ferdinand Wollenschläger and Johannes Stapf

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0006
Subject:
Law, Constitutional and Administrative Law

The foundations of the present law in Germany can be succinctly stated as follows. First, a provision on public authority liability may be found in the constitution (the Grundgesetz) as well as in ... More


Constitutional Foundations of Government Liability in Spain

Eva Maria Nieto Garrido

in Tort Liability of Public Authorities in European Laws

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198867555
eISBN:
9780191904325
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198867555.003.0011
Subject:
Law, Constitutional and Administrative Law

In Spain, the Civil Code has long been the basis of the liability of administrative authorities, and the Constitution has reaffirmed it by way of a general principle of damages liability. The ... More


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