Staatshaftung getäuschter Hoheitsträger?

2019 ◽  
Vol 52 (2) ◽  
pp. 181-202
Author(s):  
Nils Grosche
Keyword(s):  
Public Authority ◽  
Third Party ◽  
Structural Vulnerability ◽  
Public Authorities ◽  
Market Approval ◽  
Regulation Scheme ◽  
Compensation For Damage ◽  
State Liability ◽  
High Degree ◽  
Special Case

The scandal concerning rigged emissions tests to circumvent regulations is regularly not reflected through the lense of the German rules of State liabilty. This lack of attention follows from the fact that compensation for damage caused to individuals is regularly precluded under the German rules of State liability when the underlying regulation scheme is applied diligently by the competent public authority. In consequence, an unlawful market approval by manipulated but lawfully investigating public authorities appears to exclude liability. However, liability under the German rules of State liability is not limited to cases of misconduct by public authorities. Against this background the case is made for a liability of the manipulated State even though there is no evidence of misconduct on behalf of its authorities when applying approval procedures. The proposed special case for State liability rests on two pillars: the structural vulnerability of the relevant approval procedures for manipulation and a high degree of dependency of third party economic actors on the validity of the State’s approval mechanisms.

15. Liability of Public Authorities

2016 ◽  
Author(s):  
Mark Elliott ◽  
Jason Varuhas
Keyword(s):  
European Union ◽  
Human Rights ◽  
Public Authority ◽  
European Union Law ◽  
Public Authorities ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
State Liability ◽  
Relationship Of ◽  
The Relationship

This chapter examines the nature and operation of the liability of public authorities, with particular emphasis on the tensions between the equality principle, a concern that authorities ought to be specially protected, and a concern that authorities ought to be subject to wider and more onerous obligations. The chapter first considers the relationship of public authority liability with judicial review and goes on to discuss the law of torts, especially the tort of negligence and what circumstances courts ought to impose negligence liability on public authorities for harm caused through exercises of statutory discretion. It then explores negligence liability in relation to omissions, human rights, and misfeasance in public office. It also reviews damages under the Human Rights Act 1998, contracts, restitution, and state liability in European Union law.

Search for Principle - The Government's Liability in Negligence for the Careless Exercise of its Statutory Powers

2000 ◽  
Vol 31 (3) ◽  
pp. 629
Author(s):  
Thomas Geuther
Keyword(s):  
New Zealand ◽  
Public Law ◽  
Public Authority ◽  
Special Treatment ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
High Court ◽  
The Supreme Court ◽  
High Court Of Australia

For many years the English courts have struggled to develop a principled approach for determining when a public authority can owe a duty of care in respect of the exercise of its statutory powers. Initially, public authorities received no special treatment. Then the courts conferred an almost complete immunity on them, requiring public law irrationality to be established before considering whether a duty could arise. The English approach has not been adopted elsewhere in the Commonwealth. The High Court of Australia and the Supreme Court of Canada have developed different tests, and the New Zealand courts, while never explicitly rejecting the English position, have never followed it. This paper argues that a modified version of the Canadian Supreme Court's approach should be adopted in New Zealand. It proposes that irrationality be a precondition to the existence of a duty of care only where policy considerations are proved to have influenced the decisions of a public authority in exercising its statutory powers.

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

Is there a Duty to Prevent Harm in Tort? A Common Law Perspective

2021 ◽  
Vol 12 (2) ◽  
pp. 116-145
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
Public Authority ◽  
Public Authorities ◽  
Statutory Duty ◽  
Starting Point ◽  
Private And Public ◽  
Legal Position ◽  
The Common

Abstract In this paper, I will examine the extent to which the common law of tort in England and Wales imposes a duty to prevent harm on public authorities and private individuals. As will be seen, the starting point for the common law is that such liability should, in both cases, be regarded as exceptional. This must, however, be weighed against duties to prevent harm that arise under the torts of negligence and breach of statutory duty. Public authorities may also face claims that their failure to prevent harm is in breach of ECHR arts 2 or 3. While the law is complex, this paper identifies three key arguments that explain the current legal position at common law, namely that: (i) tort law should treat private and public parties alike: (ii) human rights claims should be treated as distinct from private law claims and (iii) libertarian concerns signify that a duty to prevent harm should be exceptional and needs to be justified. While these arguments provide both an explanation of and a justification for the current law, this article questions to what extent the treatment of public authority liability may be regarded as unduly harsh on vulnerable claimants.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

scholarly journals R. v. Imperial Tobacco Ltd.: More Restrictions on Public Authority Tort Liability

2012 ◽  
Vol 50 (1) ◽  
pp. 157
Author(s):  
Lewis N. Klar, Q.C.
Keyword(s):  
Supreme Court ◽  
Public Authority ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Upper Canada ◽  
Tort Liability ◽  
Public Authorities ◽  
The Supreme Court ◽  
Regulatory Functions

Since 2001, it has become very difficult for claimants to successfully sue public authorities for their negligent conduct, particularly in relation to their regulatory functions. This primarily has been due to the refined duty of care formula established by the Supreme Court of Canada in Cooper v. Hobart and Edwards v. Law Society of Upper Canada. As a result of their 2011 R. v. Imperial Tobacco Ltd. decision, the Supreme Court of Canada has restricted even further the ability of private claimants to successfully sue governments for their regulatory failures.

scholarly journals The use of parallel computing for the high-resolution determination of earthquake source parameters

2019 ◽  
pp. 68-75
Author(s):  
A. S. Fomochkina ◽  
V. G. Bukchin
Keyword(s):  
Parallel Computing ◽  
Focal Mechanism ◽  
Source Parameters ◽  
Nodal Plane ◽  
Earthquake Parameters ◽  
Earthquake Source Parameters ◽  
Detailed Search ◽  
High Degree ◽  
Special Case

Alongside the determination of the focal mechanism and source depth of an earthquake by direct examination of their probable values on a grid in the parameter space, also the resolution of these determinations can be estimated. However, this approach requires considerable time in the case of a detailed search. A special case of a shallow earthquake whose one nodal plane is subhorizontal is an example of the sources that require the use of a detailed grid. For studying these events based on the records of the long-period surface waves, the grids with high degree of detail in the angles of the focal mechanism are required. We discuss the application of the methods of parallel computing for speeding up the calculations of earthquake parameters and present the results of studying the strongest aftershock of the Tohoku, Japan, earthquake by this approach.

scholarly journals Problematyka przejścia wierzytelności o naprawienie szkody wyrządzonej przestępstwem — wybrane zagadnienia

2018 ◽  
Vol 48 ◽  
pp. 131-146
Author(s):  
Anna Muszyńska ◽  
Angelika Jura
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Third Party ◽  
Criminal Process ◽  
Compensation For Damage

Issues related to a transfer of receivables for damages caused by a crime — selected issuesThe article is devoted to the issue of the victim’s handing over a claim for compensation for damage caused by a crime to a third party by way of conclusion of a civil law contract. Reference has been made to a status of a buyer of a claim for damages, the possibility of its occurrence as a party to a criminal process, status of an aggrieved party, as well as the characteristic context of the criminal law obligation to repair a damage, with its main concepts: damage and the aggrieved party.

The Constitutional Mechanism for the Realization of Social Interest in the Activities of Public Authorities: Organizational and Legal Components

2021 ◽  
Vol 19 (1) ◽  
pp. 1-18
Author(s):  
Nikolay Antsiferov
Keyword(s):  
Social Interest ◽  
Public Authority ◽  
The Other ◽  
Public Authorities ◽  
Other Hand ◽  
Limited Power ◽  
The One

The article is devoted to the problems of the legal organization of public authority in the context of ensuring social interest. Given the idea of constitutionally limited power, the study considers two key elements of the mechanism for ensuring social interest - organizational and legal. The content of these elements is considered in the logic of their relationship with one another. Conclusions are made about their complementarity, on the one hand, and a certain degree of competition, on the other hand, and the problems of collisions between the elements under consideration are also revealed.

Towards Emergency Europe

2019 ◽  
pp. 64-85
Author(s):  
Jonathan White
Keyword(s):  
Decision Making ◽  
Public Opinion ◽  
Problem Solving ◽  
Policy Making ◽  
Public Authority ◽  
Economic Conditions ◽  
Executive Power ◽  
Structural Vulnerability ◽  
State Agents ◽  
The Eu

Developments in recent decades have pushed the EU from a structural vulnerability to emergency rule towards increasing reliance on it. Executive agents today are surrounded by powerful non-state agents of the market sphere who carry the authority to interpret socio-economic conditions, to make sense of moments of uncertainty, and to specify the responses they demand and when. Changes within the field of executive power itself mean their voices carry ever further into decision-making circles, as a governing ethos of problem-solving displaces ideologies of principle and responsiveness to public opinion. Emergency politics is a way of coping with weakening public authority in the age of governance. The chapter goes on to examine how these dynamics extend beyond the domain of economics to include policy-making in the field of migration.

Sign in / Sign up

Export Citation Format

Share Document