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"Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pecheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pecheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law"--Provided by publisher.

Government liability --- Administrative responsibility --- Administrative law --- Remedies (Law) --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Liability (Law) --- Law and legislation --- E-books

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Justice, Administration of --- Justice --- Administration --- France --- History --- Histoire --- Administrative responsibility --- Misconduct in office --- French history --- Public administration --- Middle-ages --- 14th century --- Malfeasance in office --- Misfeasance in office --- Official misconduct --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Law and legislation --- Frances --- Officials and employees --- Discipline --- Politics and government --- Administrative law --- Liability (Law)

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Administrative responsibility --- -Misconduct in office --- -Malfeasance in office --- Misfeasance in office --- Official misconduct --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Administrative law --- Liability (Law) --- Law and legislation --- Law of civil servants --- Criminal liability --- Responsabilité pénale --- Officials and employees --- Fonctionnaires --- Misconduct in office --- Responsabilité pénale --- Criminal law. Criminal procedure --- France --- Misconduct in office - France --- Administrative responsibility - France

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Administrative responsibility --- Cabinet system --- Ministerial responsibility --- #SBIB:35H220 --- Countersignature (Constitutional law) --- Responsibility, Ministerial --- Cabinet officers --- Legislative bodies --- Monarchy --- Political science --- Representative government and representation --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Administrative law --- Liability (Law) --- Financieel management bij de overheid: algemene werken --- Law and legislation --- Government --- Public law. Constitutional law --- Great Britain

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What should the people expect from their legal officials? This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so. It revives the idea of the good official - the good lawyer, the good judge, the good president, the good legislator - that guided Cicero and Washington and that we seem to have forgotten. Based on stories and law cases from America's founding to the present, this book examines what is good and right in law and why officials must care. This overview of official duties, from oaths to the law itself, explains how morals and law work together to create freedom and justice, and it provides useful maxims to argue for the right answer in hard cases. Important for scholars but useful for lawyers and readable by anybody, this book explains how American law ought to work.

Legal ethics --- Law --- Law and ethics. --- Administrative responsibility --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Administrative law --- Liability (Law) --- Ethics and law --- Law and morals --- Morals and law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Moral and ethical aspects --- Law and legislation --- Philosophy --- General and Others