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Title: To sue or not to sue? : the present and future of liability actions for breaches of European Community law committed by the domestic authorities
Author: Anagnostaras, Georgios
ISNI:       0000 0001 3419 9597
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2001
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The introduction in the seminal case of Francovich of the principle of governmental liability for breaches committed by the domestic authorities added a further means of protection to the judicial arsenal of individuals claiming rights under the Treaty. At the same time, it gave rise to considerable academic comment around the legitimacy of the doctrine and the exact circumstances in which damages can be paid under it from the national treasury. The intention of this thesis is basically twofold. In the first place, it analyses the developments that have taken place in the field under consideration and attempts to assess the extent to which they have led to solutions that are both satisfactory and in accordance with the nature of the damages remedy as a judicially introduced principle lacking any explicit legal authorisation. Attention in this respect is paid to the position that the doctrine seems to hold in the system of remedies available in the national courts for the protection of the legal rights of individuals. It is further attempted to find the normative justifications that authorise the payment of damages with regard to the illegal activity of each one of the three branches of government and to figure out how the ensuing liability is allocated vertically and horizontally. The focus is finally placed on the conditions that govern the application of the doctrine and the rules that determine the institution of public liability actions and the eventual quantification and rectification of the loss suffered by the applicant. At a rather different level, the thesis also examines the impact of the Francovich case law on the domestic systems of public liability and the regime governing the payment of damages by the political institutions. Its ultimate objective is to ascertain whether the solutions that have been adopted so far in this area are indeed legitimised by the legal foundations that the doctrine of public liability has been based upon and to predict the way that the relevant case law may develop in the future
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available