Book 2007

State Liability for Breaches of European Law

An economic analysis


ISBN: 978-3-8350-0653-9 (Print) 978-3-8350-9494-9 (Online)

Table of contents (10 chapters)

  1. Front Matter

    Pages I-XVII

  2. Introduction

    1. Chapter

      Pages 1-3


    2. Chapter

      Pages 4-13

      Basics of the European Union

  3. A First Look at Breaches. On their Existence, Explanations and the Court’s Answer

    1. Chapter

      Pages 15-66

      (What and Why) Do Member States breach?

    2. Chapter

      Pages 67-102

      Treating Breaches: The Law’s and the Court’s Answer

  4. The Aim of State Liability Regulation. What are we Really Looking for?

    1. Chapter

      Pages 103-137

      Introducing Normative Law and Economics: Searching for an Aim of State Liability Law

    2. Chapter

      Pages 138-144

      Are Breaches really that Bad? A Rationale not to allow Breaches

  5. Introducing Positive Law and Economics. Reaching the Aim

    1. Chapter

      Pages 145-145

      Evaluation of the Current Situation: Two Distinct Enforcement Mechanisms

    2. Chapter

      Pages 146-186

      Procedural Aspects. Private and Public Enforcement: Complements or Substitutes?

    3. Chapter

      Pages 187-201

      Substantive Aspects of Public Enforcement: Deterrence by Fines?

  6. State Liability in Torts as a Law Enforcement Instrument. Does it work?

    1. Chapter

      Pages 203-240

      Substantive Aspects of Private Enforcement: Deterrence by Damage Compensation?

  7. Back Matter

    Pages 241-258