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). pp. 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
Uncontrolled Keywords:	16 Peace, Justice and Strong Institutions
Depositing User:	Symplectic Admin
Date Deposited:	30 Nov 2016 08:22
Last Modified:	16 Mar 2024 12:45
DOI:	10.1017/S1574019616000390
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3004699