000 | 03404nam a22004095i 4500 | ||
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001 | 978-3-8350-9494-9 | ||
003 | DE-He213 | ||
005 | 20161121231009.0 | ||
007 | cr nn 008mamaa | ||
008 | 100301s2007 gw | s |||| 0|eng d | ||
020 |
_a9783835094949 _9978-3-8350-9494-9 |
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024 | 7 |
_a10.1007/978-3-8350-9494-9 _2doi |
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050 | 4 | _aHB73 | |
072 | 7 |
_aLBBM _2bicssc |
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072 | 7 |
_aLNC _2bicssc |
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072 | 7 |
_aLAW014000 _2bisacsh |
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082 | 0 | 4 |
_a330 _223 |
100 | 1 |
_aRoosebeke, Bert Van. _eauthor. |
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245 | 1 | 0 |
_aState Liability for Breaches of European Law _h[electronic resource] : _bAn economic analysis / _cby Bert Van Roosebeke. |
264 | 1 |
_aWiesbaden : _bDUV, _c2007. |
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300 |
_aXVII, 258 p. _bonline resource. |
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336 |
_atext _btxt _2rdacontent |
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337 |
_acomputer _bc _2rdamedia |
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338 |
_aonline resource _bcr _2rdacarrier |
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347 |
_atext file _bPDF _2rda |
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505 | 0 | _aBasics of the European Union -- A First Look at Breaches. On their Existence, Explanations and the Court’s Answer -- (What and Why) Do Member States breach? -- Treating Breaches: The Law’s and the Court’s Answer -- The Aim of State Liability Regulation. What are we Really Looking for? -- Introducing Normative Law and Economics: Searching for an Aim of State Liability Law -- Are Breaches really that Bad? A Rationale not to allow Breaches -- Introducing Positive Law and Economics. Reaching the Aim -- Evaluation of the Current Situation: Two Distinct Enforcement Mechanisms -- Procedural Aspects. Private and Public Enforcement: Complements or Substitutes? -- Substantive Aspects of Public Enforcement: Deterrence by Fines? -- State Liability in Torts as a Law Enforcement Instrument. Does it work? -- Substantive Aspects of Private Enforcement: Deterrence by Damage Compensation?. | |
520 | _aIn the European Union, member states not respecting European Law run the risk of being held liable in damages to citizens. As an alternative to this Francovich liability and on the initiative of the European Commission, the European Court of Justice may publicly fine states for breaching European Law according to Art. 228 of the European Community Treaty. Using Law & Economics methods, Bert Van Roosebeke analyses non-contractual state liability in the European Union. He empirically explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of remarkable judgements. On the normative level, he embeds the issue of state liability in the existing Law & Economics literature and concludes that compliance is the true economic aim of state liability legislation. The author presents a comparative analysis of Francovich liability and public fining according to Art. 228 of the EC Treaty. He investigates the effectiveness of both private and public law enforcement mechanisms and – on the basis of a model of political decision-making and the influence of state liability –formulates improvements to the rules of state liability. | ||
650 | 0 | _aLaw and economics. | |
650 | 1 | 4 | _aEconomics. |
650 | 2 | 4 | _aLaw and Economics. |
710 | 2 | _aSpringerLink (Online service) | |
773 | 0 | _tSpringer eBooks | |
776 | 0 | 8 |
_iPrinted edition: _z9783835006539 |
856 | 4 | 0 | _uhttp://dx.doi.org/10.1007/978-3-8350-9494-9 |
912 | _aZDB-2-SBE | ||
950 | _aBusiness and Economics (Springer-11643) | ||
999 |
_c507040 _d507040 |