State liability: Difference between revisions
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{{short description|Tort liability of government}} |
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In [[European Union law]], '''state liability''' arises when a [[List of European Union member states|member state]] of the [[European Union]] breaches EU law and an [[Citizenship of the European Union|EU citizen]] suffers a loss as a result. The effect of state liability is that damages may be recoverable in respect of the loss suffered. |
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{{For|responsibility of government in international law|State responsibility}} |
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{{unreferenced|date=March 2016}} |
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The doctrine was introduced in the case of ''Francovich and Bonifaci v Republic of Italy'' (Cases C-6 and 9/90) [1991] ECR I-5375,<ref>[http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=61990J0006&model=guichett ''Francovich and Bonifaci v Republic of Italy''] (Cases C-6 and 9/90) [1991] ECR I-5375</ref> where the Italian government failed to adequately implement Directive 80/987, which required the establishment of a scheme to set a minimum compensation for workers in the event of the [[insolvency]] of their employers, the result being that when the claimants became unemployed, they were unable to recover the wages due to them. The [[European Court of Justice]] (ECJ) held that the Italian government had breached its obligations, and was liable to compensate the workers' loss resulting from the breach. |
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'''State liability''' is the [[legal liability]] of a [[State (polity)|state]]. It refer to the liability of an [[organ of state]] or [[public authority]] in that state's own [[Domestic law|domestic legal system]], typically under [[Administrative liability in English Law|special principles]] within the [[law of tort]]. |
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The ECJ found that to establish state liability on the basis of the failure the implement a [[European Union directive|directive]], the claimant must prove that the directive conferred specific rights on him, identifiable in its wording, and that there is a causal link between the state's failure to implement the directive and the loss suffered. |
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The doctrine was modified in the cases of ''Brasserie du Pêcheur v Federal Republic of Germany'' and ''R v Secretary of State for Transport ex parte Factortame Ltd'' (Cases C-46 and C-48/93) [1996] ECR I-1029.<ref>[http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=61993J0046&model=guichett ''Brasserie du Pêcheur v Federal Republic of Germany'' and ''R v Secretary of State for Transport ex parte Factortame Ltd''] (Cases C-46 and C-48/93) [1996] ECR I-1029</ref> The ECJ defined the criteria for establishing state liability as: |
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*The EU law breached must have been intended to confer rights on individuals, |
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*The breach must be sufficiently serious, |
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*There must be a direct causal link between the state's breach and the loss suffered. |
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The most ambiguous criterion for establishing state liability is the required level of seriousness. According to the case of ''Dillenkofer and others v Federal Republic of Germany'' (Cases C-178, 179, 188, 189 and 190/94) [1996] ECR I-4845,<ref>[http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=61994J0178&model=guichett ''Dillenkofer and others v Federal Republic of Germany''] (Cases C-178, 179, 188, 189 and 190/94) [1996] ECR I-4845</ref> failure to implement a directive is a sufficiently serious breach. Otherwise, according to ''R v Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas (Ireland) Ltd'' (Case C-5/94) [1996] ECR I-2553,<ref>[http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=61994J0005&model=guichett ''R v Ministry of Agriculture, Fisheries and Food, ex parte Hedley Lomas (Ireland) Ltd''] (Case C-5/94) [1996] ECR I-2553</ref> the claimant must prove that the breach is sufficiently serious to justify state liability. |
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== See also == |
== See also == |
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* [[ |
* [[Government liability fund]] |
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* [[ |
* [[Misfeasance in public office]] |
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* [[Indirect effect]] |
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{{Authority control}} |
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== Cases == |
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[[Category: |
[[Category:Tort law]] |
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[[Category:Administrative law]] |
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Latest revision as of 15:29, 11 November 2024
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State liability is the legal liability of a state. It refer to the liability of an organ of state or public authority in that state's own domestic legal system, typically under special principles within the law of tort.
See also
[edit]
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