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State Liability for Breaches of European Law

An economic analysis

  • Book
  • © 2007

Overview

Authors:
  1. Bert Roosebeke
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Part of the book series: Ökonomische Analyse des Rechts (ÖAR)

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Table of contents (10 chapters)

  1. Front Matter

    Pages I-XVII
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  2. Introduction

    1. Introduction

      Pages 1-3

    2. Basics of the European Union

      Pages 4-13

  3. A First Look at Breaches. On their Existence, Explanations and the Court’s Answer

    1. (What and Why) Do Member States breach?

      Pages 15-66

    2. Treating Breaches: The Law’s and the Court’s Answer

      Pages 67-102

  4. The Aim of State Liability Regulation. What are we Really Looking for?

    1. Introducing Normative Law and Economics: Searching for an Aim of State Liability Law

      Pages 103-137

    2. Are Breaches really that Bad? A Rationale not to allow Breaches

      Pages 138-144

  6. State Liability in Torts as a Law Enforcement Instrument. Does it work?

    1. Substantive Aspects of Private Enforcement: Deterrence by Damage Compensation?

      Pages 203-240

  7. Back Matter

    Pages 241-258
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Keywords

About this book

With this work, which was written under my academic supervision at the Graduate College for Law and Economics, Bert Van Roosebeke has covered a topic which is rather unusual to the literature of law and economics in a number of ways. This work does not – as does the huge majority of law and economics scholarship – deal with individual behaviour, as addressed by private law. Rather does the author analyse state behaviour as governed by European made state liability jurisdiction and law. He does so with the law and economics instruments traditionally used in the analysis of contract law, tort law and criminal law. The methods of analysis are truly interdisciplinary as well: legal, empirical as well as model-theoretical methods are applied to the questions under discussion. The starting point for the academic discussion on state liability was the European Court of Justice’s landmark Francovich judgement in 1991. In that judgement, the ECJ – against the declared political opinion of EU member states – controversially paved the way for a liability of EU member states for damages caused by the n- transposition of European directives into national law. The judgement was followed by a rich and lengthy discussion among legal scholars, in which the competency of the ECJ to introduce such non-contractual state liability was controversially debated.

About the author

Dr. Bert Van Roosebeke war Stipendiat des Graduiertenkollegs Recht und Ökonomie der Universität Hamburg. Er ist als wissenschaftlicher Mitarbeiter beim Centrum für Europäische Politik der Stiftung für Ordungspolitik in Freiburg tätig.

Bibliographic Information

  • Book Title: State Liability for Breaches of European Law

  • Book Subtitle: An economic analysis

  • Authors: Bert Roosebeke

  • Series Title: Ökonomische Analyse des Rechts

  • DOI: https://doi.org/10.1007/978-3-8350-9494-9

  • Publisher: Deutscher Universitätsverlag Wiesbaden

  • eBook Packages: Business and Economics, Economics and Finance (R0)

  • Copyright Information: Gabler Verlag | Springer Fachmedien Wiesbaden GmbH, Wiesbaden 2007

  • Softcover ISBN: 978-3-8350-0653-9Published: 27 March 2007

  • eBook ISBN: 978-3-8350-9494-9Published: 10 November 2007

  • Edition Number: 1

  • Number of Pages: XVII, 258

  • Topics: Law and Economics

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