Addressing Issues of Protective Scope within the Francovich Right to Reparation



Dougan, PM ORCID: 0000-0002-5835-1351
(2017) Addressing Issues of Protective Scope within the Francovich Right to Reparation. (2017) 13 European Constitutional Law Review 124-165, 13 (1). 124 - 165.

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Abstract

EU Law – Member State liability in damages – Issues of protective scope about exactly which individuals/interests are protected – Conditions for Member State liability – Intention to confer rights criterion – Tendency towards a ‘checklist’ approach by the Court of Justice of the European Union – Potential implications for scope of Member State liability – Finding appropriate balance between protecting individuals and punishing public bodies – Example of free movement rights – Example of environmental legislation – Example of employment legislation

Item Type: Article
Depositing User: Symplectic Admin
Date Deposited: 30 Nov 2016 08:22
Last Modified: 16 Apr 2021 11:48
DOI: 10.1017/S1574019616000390
Related URLs:
URI: https://livrepository.liverpool.ac.uk/id/eprint/3004699