Pregledni rad
https://doi.org/10.32984/gapzh.10.1.2
Causation As an Assumption of Liability for Damages in the European National Legal Systems, the Case Law of the Court of Justice of the EU and the European Court of Human Rights
Maja Bukovac Puvača
orcid.org/0000-0003-3266-2108
; Pravni fakultet Sveučilišta u Rijeci
Gabrijela Mihelčić
; Pravni fakultet Sveučilišta u Rij
Maša Marochini Zrinski
orcid.org/0000-0002-8441-2277
; Pravni fakultet Sveučilišta u Rij
Sažetak
In the paper, the authors first outline some common features of an approach to causation as an assumption of liability for damages in the national tort law systems of Member States. These common features are the lack of common rules related to causation, the differentiation between two levels of causation (factual and legal), and leaving the definition of the concept of causation, and presumptions for its existence and scope to case law. The authors go on to present some of the decisions of the Court of Justice of the EU related to causation, as well as its opinions in references for preliminary rulings submitted by national courts. The decisions regard the liability of the Union, while references for preliminary ruling deal with causation in decisions on the State liability, liability for damage caused by a violation of competition law and liability for damage caused by a defective product). Finally, specific causation is analysed
M. Bukovac Puvača, G. Mihelčić, M. Marochini Zrinski: Uzročna veza kao pretpostavka odgovornosti za ...
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focusing on the existence of harmful effects (influences) and the violation of the protected Convention rights taking into consideration what the state has done or should have done. This is analysed on the basis of the case law of the European Court of Human Rights whose aim is to protect a certain right under the Convention for the Protection of Human Rights and Fundamental Freedoms. In conclusion, after reviewing the fundamental features of causation on all three levels of European Union tort law, the authors analyse the impact of the Court of Justice of the EU and the European Court of Human Rights on causation as a presumption of liability for damages in national legal systems.
Ključne riječi
liability for damage; causation; factual causation; legal causation; unlawfulness; Court of Justice of the EU; European Court of Human Right
Hrčak ID:
222941
URI
Datum izdavanja:
18.7.2019.
Posjeta: 5.394 *