Abstract
Abstract Turning the spotlight on the historical evolution of public authority liability in Europe shows us a movement from immunity to liability of increasing extent but, at the same time, opposite tendencies can be observed as well. Public authority liability evolves in waves, not always going in the same direction and, more than once, recurring to old solutions. These motions are partway prompted by policy considerations, interrelated with the special position of the state. This paper aims to set the right tone for answering the main question of the Ius Commune Workshop, entitled ‘Public Authorities and Tort Law: a Difficult Marriage?’. Using a comparative perspective, this paper sets out to illustrate how policy orientation has an impact on public authority liability in Europe without giving a constant and lasting direction towards either expanding or limiting this liability.
Highlights
Turning the spotlight on the historical evolution of public authority liability in Europe shows us a movement from immunity to liability of increasing extent but, at the same time, opposite tendencies can be observed as well
This paper aims to set the right tone for answering the main question of the Ius Commune Workshop, entitled ‘Public Authorities and Tort Law: a Difficult Marriage?’
Can public authorities and tort law be seen as lovebirds or are they entangled in a difficult marriage? This paper aims to set the right tone for answering this leading question of the Ius Commune Workshop on Liability and Insurance 2018
Summary
This paper aims to set the right tone for answering this leading question of the Ius Commune Workshop on Liability and Insurance 2018 It sheds light on the particularities and difficulties of the bond between public authorities and tort law and on their round dance of coming closer and turning away. These general questions, taking centre stage at the Ius Commune Workshop, are dictated by the special position of the state This special position may explain why the topic of public authority liability has, until lately, been excluded in the academic initiatives to harmonise the European law of tort. Let us have a closer look at how special public authorities are
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