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- Title
Addressing Issues of Protective Scope within the Francovich Right to Reparation.
- Authors
Dougan, Michael
- 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
- Subjects
EUROPEAN Union countries; GOVERNMENT liability; LABOR laws; FREE trade; CRIMINAL reparations; BREACH of fiduciary responsibility
- Publication
European Constitutional Law Review, 2017, Vol 13, Issue 1, p124
- ISSN
1574-0196
- Publication type
Article
- DOI
10.1017/S1574019616000390