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States' ability to impose liability for extraterritorial torts is often structured to avoid an illegitimate assertion of authority by one state over another. However, the resulting liability regimes are inconsistent and difficult to justify. In this article, I argue that limitations of liability in this context have been based on misconceptions about abuse of power. I employ instrumental and rights-based approaches to states' authority to demarcate a coherent framework for states' liability for extraterritorial torts. I show that courts can impose liability on their own state and officials for extraterritorial torts as authority is not exerted over a foreign state. Liability can also be imposed on foreign states for their extraterritorial torts through consent, a sufficient jurisdictional connection to the tort, or the establishment of universal jurisdiction by a breach of jus cogens norms. Lastly, I assert that punitive damages are generally an illegitimate form of exerting authority. [ABSTRACT FROM AUTHOR]

States' ability to impose liability for extraterritorial torts is often structured to avoid an illegitimate assertion of authority by one state over another. However, the resulting liability regimes are inconsistent and difficult to justify. In this article, I argue that limitations of liability in this context have been based on misconceptions about abuse of power. I employ instrumental and rights-based approaches to states' authority to demarcate a coherent framework for states' liability for extraterritorial torts. I show that courts can impose liability on their own state and officials for extraterritorial torts as authority is not exerted over a foreign state. Liability can also be imposed on foreign states for their extraterritorial torts through consent, a sufficient jurisdictional connection to the tort, or the establishment of universal jurisdiction by a breach of jus cogens norms. Lastly, I assert that punitive damages are generally an illegitimate form of exerting authority. [ABSTRACT FROM AUTHOR]

Health is a fundamental aspect of human life, and the right to choose health care facilities, including vaccination, is crucial to the enforcement of human rights. In the digital age, the role of Artificial Intelligence (AI) in optimizing health services, particularly in vaccination distribution and monitoring, has become significant. AI systems can enhance transparency, accuracy, and accessibility in providing health care, but they also raise questions about accountability and ethical concerns. This study examines the state's responsibility in regulating the use of AI for the protection of patients' rights, focusing on AI's role in ensuring safe, licensed vaccines for children and equitable access to healthcare facilities. The study also analyses how AI could improve the state's efforts in fulfilling its human rights obligations by making healthcare more efficient and inclusive. A normative juridical method is employed, using a statutory and analytical approach, to explore the legal frameworks governing AI in health care and the state's responsibility. The findings reveal gaps in current legal protections against the use of unlicensed vaccines, and the unequal access to AI-supported health services for vulnerable groups, such as children. While AI can help identify and distribute vaccines more effectively, the state has yet to fully implement regulations that guarantee fairness and safety in AIdriven health services. The integration of AI into healthcare poses both opportunities and challenges, and the state must strengthen its accountability mechanisms to ensure AI supports human rights, especially children's right to access safe and reliable vaccinations. [ABSTRACT FROM AUTHOR]

In the milestone Francovich case, the European Court of Justice (ECJ) granted individuals, under certain conditions, a right to reparation for Member States' breaches of EU law. While EU environmental law is rife with well-documented infringements, the Francovich principle, however, has seen little use in practice. This article examines why that is. Through an analysis of the ECJ's Francovich -related case law, and especially the ECJ's recent decision in C-61/21 Ministre de la Transition écologique , this study assesses the Court's interpretation of the Francovich condition that the relevant provision must be 'intended to confer rights' on individuals. Against this backdrop, it is shown that the absence of EU environmental law conferring ' Francovich rights' is due to the principle's incompatibility with the collective rights found in EU environmental law. Following from this, this study highlights the incorporation of compensation provisions in three key EU environmental directives as an alternative to Francovich liability and, in so doing, examines the evolving nature of private enforcement of EU environmental law. [ABSTRACT FROM AUTHOR]

Effective judicial protection of EU law is a tool that has been devised by the case law of the ECJ and then codified into EU treaties, but matching judicial remedies are still sought, both at supranational and at national level. While State liability enjoys the favors of the ECJ at supranational level, some Member States have conceived special remedies that go as far as to challenge res judicata in order to protect substantive rights conferred to individuals by EU law. This paper presents the special remedy created by Romanian law, which allows re-opening of final court decisions if primacy of EU law has been disregarded, as examined by the ECJ. It is our conclusion that, in the absence of legal harmonization in the area of procedural law, res judicata remains a powerful tool in the hands of national courts and the effective protection of EU substantive rights is still in search of a remedy more efficient than the theoretical state liability. [ABSTRACT FROM AUTHOR]

This article analyses the constitutional complaint in Kosovo through the lens of governmental liability and constitutional certainty. Although it is one of the most significant legal mechanisms for the protection of human rights in Kosovo, the remedial impact of a constitutional complaint does not appear to be appropriate for granting 'just satisfaction' and holding a public authority accountable for a violation of constitutional rights. To make the state's constitutional liability for human rights violations a reality, additional legislative reforms are necessary. The introduction of 'constitutional damage' award in the context of the Kosovan constitutional judiciary is therefore especially pertinent to this end. Such a remedy would hold the state accountable for abuses of human rights originating from the unconstitutional behavior of government officials. It would finally provide victims of constitutional rights violations with appropriate means of legal redress, which is the ultimate end of constitutional justice. The constitutional principle of 'legitimate expectation' is also not unimportant in this context. By offering a critical perspective on the Constitutional Court's case-law, this article argues for the significance of adhering to the 'legitimate expectations' principle to ensure equality of the parties in constitutional litigation proceedings and a constant development of constitutional jurisprudence that is vital for the Kosovan democracy. [ABSTRACT FROM AUTHOR]

From De Punt to Hawija: Needs of surviving relatives with regard to liability claims against the Dutch State for damage resulting from the deployment of the armed forces When damage results from the actions or omissions of members of the armed forces, the question may arise whether the state can be held liable. This contribution firstly provides insight into the needs of surviving relatives with regard to their liability claims against the Dutch State for damage resulting from the deployment of the armed forces. Secondly, it addresses the question of the extent to which the needs of the surviving relatives whose cases have been completed have been met as a result of these claims. The results are based on semi-structured interviews with seven surviving relatives who are, or have been, involved in liability claims against the State. The interviews show that the surviving relatives have (had) diverse needs with regard to the claims. The majority of the surviving relatives indicate that they have (had) one or more material needs, which include financial compensation, and psychological and medical assistance. Furthermore, they all had multiple immaterial needs. The immaterial needs that were addressed can be divided into ten categories. Finally, it appears that the needs of all four surviving relatives whose cases have been completed have been either partially or fully met as a result of the claims. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the enactment of the State Responsibility Law 26,944 (LRE) and the new Civil and Commercial Code of the Argentine Nation (2014), there is a challenge for regulatory integration in the case of provincial states that do not have their own law that sets the limits and conditions in which it must respond for the damages caused to individuals. The main objective of this article is to analyze the background on the matter, the applicable constitutional and legal norms, as well as the jurisprudential evolution and propose possible solutions for the provinces that do not yet have their own liability law. This descriptive and qualitative work, based on the normative relevance of the federal legal order and the provincial legal systems, analyzes the possible solutions to such a conflict. As the main conclusion, and despite the inapplicability declared by both the civil norm and the LRE, a complementary interpretation of the common provisions of law to cases of damages caused by the State appears as the best solution to the case. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function. [ABSTRACT FROM AUTHOR]

In the book State Libility for Unlawful Action of Public Authority: Constitutional Law Study its autor Michał Ziółkowski presents an autonomus consitutional interpretation of art. 77 of the Polish Constitution. This is deep study of the constitutional subjective right, unlaful action of the public authority in consitutional meaning and context, constitutional damages, all constitutional requirements of the State liability, including responsibility for action of the Polish Constitutional Court. The review book is important within the framework of the consitutional doctrine and has a fundamental influence on the interpretation and the application of legal provisions concerning State liability. [ABSTRACT FROM AUTHOR]

Copyright of Alternativas: Cuadernos de Trabajo Social is the property of Alternativas: Cuadernos de Trabajo Social and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article emphasizes the three main problems of the corruption study from a human rights approach. Therefore, in the first place, it wants to understand the magnitude of the corruption harmful effects in the public administration and the corrupt capture of the State, classifying its different dimensions over the time and its coverage in the society, secondly, it wants to build the relationship of these damages with violation against human rights, and thirdly, it wants to support the State Liability that it brings within the spectrum of subjective liability and specifically, the failure of the service.

The liability of Member States for damages caused by the issuance of a judicial decision in breach of EU law has been shaped in the jurisprudence of the CJEU, as a mechanism to ensure effective legal protection of EU citizens. Its primary purpose is to ensure that in a situation where a court of a Member State causes damage to a citizen by violating EU laws by its ruling, the citizen has a legal remedy to obtain compensation for such a violation. Based on the principle of procedural autonomy of the Member States, such claims can be asserted on the grounds of national procedural rules under the substantive legal grounds laid down by the CJEU in its case law. Research conducted by the authors of the article indicates that despite more than 18 years of Poland’s presence in the European Union, it is extremely difficult to find rulings on liability for damages for breach of EU law by Polish courts. It seems that such a state of affairs may be caused by ambiguities and interpretative doubts that arise on the grounds of Polish procedure in the case of claims for damages for breach of EU law by the courts. Both in the doctrine and case law there are far-reaching divergences as to whether the pre-judgment provided for in the Polish Civil Code should apply to claims for breach of EU law, and if so, when it should be applied. These doubts are reflected in the scant judicial case law on the issue in question. It seems that the indicated procedural doubts and lack of clarity as to the proper procedure in pursuing such claims may deter parties from more frequent initiation of proceedings to obtain compensation for breach of EU law by a national courts in the Polish context.

Copyright of Revista de Estudios Políticos is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Română de Drept European is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Empirical research conducted by education researchers over a period of approximately 20 years confirms that uncertainty exists whether the provisions of the Occupational Health and Safety Act (OHSA) apply to technology workshops at academic, technical and special schools; whether compliance with the safety provisions of the OHSA is lacking; and whether serious injuries at technology workshops at schools occur from time to time. A comparative study of foreign law regarding occupational safety at technology workshops at high schools confirms that many countries have national or federal occupational safety and health statutes that apply to workplaces as well as public schools, although some have specific statutes or regulations addressing occupational safety at public schools. Countries like Germany, the Netherlands and some states of the United States of America define school-going children and students as "workers" in terms of their occupational safety legislation. Germany includes all school-going children in its statutory accident insurance scheme to provide for faultless compensation in case of injury. In determining whether the OHSA applies to technical workshops at high schools, the fundamental rights, as well as its spirit and purport, must be considered through the prism of the Constitution of the Republic of South Africa. Applying the traditional literalist-cumintentionalist approach to the interpretation of the OHSA, the conclusion is that this Act does indeed apply to technology workshops at schools. In terms of section 60(1)(a) of the South African Schools Act state liability for damages occurring as a result of school activities does provide essential legal protection. However, the South African Schools Act, school safety policies and school infrastructure regulations do not make explicit provision for the application of health and safety standards at school premises that use potentially dangerous machinery and equipment in places such as technical workshops and science laboratories. It is therefore recommended that the OHSA, the Compensation for Occupational Injuries and Diseases Act, the Schools Act and the School Infrastructure Regulations be amended to provide legal certainty in respect of the application of occupational safety to technical workshops at high schools. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The European integration process is currently faced with a notable dilemma: While the need for new impetus and for far-reaching reform is widely felt, there is not only widespread resistance to any meaningful institutional reform but there is also a dearth of really innovative ideas. Europe is in danger of losing out with its citizens, who should have become its very foundation, in contrast to the early years when this integration process was mainly state driven. European institutions have tried to oppose this trend by organizing a grass-roots process for collecting ideas for reform. The results of the “Conference on the Future of Europe” were, however, not really convincing. This contribution attempts to examine the reform impulse coming from literature – in particular Ferdinand von Schirach’s “Jeder Mensch” – for its suitability to make a meaningful contribution to this discussion. It will be shown that one of his proposals – contained in Art. 6 of this booklet and proposing a right of the individual to bring fundamental rights claims directly before the Court of Justice of the European Union, deserves particular attention. [ABSTRACT FROM AUTHOR]

In this work we reconstruct the role of the State, at its municipal and provincial level, regarding the development of housing policies in the city of Córdoba between 1914 and 1920. We differentiate both levels trying to clarify the idea that the State is a univocal agent. We will see that housing problems were thought in a fragmentary and conjunctural way. Furthermore, we relate these results to the conceptions that state agents had about their role from the State, indicating the gap between their economic and social perspective. Methodologically, we support the work by analyzing sources from different origins: newspapers, parliamentary work, political speeches and academic documents of the period. [ABSTRACT FROM AUTHOR]

Copyright of Academia & Derecho is the property of Universidad Libre - Seccional Cucuta and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This research article analyzes a relevant case of the Colombian Supreme Court decided in 1958 declaring that the state had to compensate damages for events in 1949, at the beginning of the era of “La Violencia.” Using some tools of the law and literature movement, the article offers a path to read judicial decisions that focus more on how judges reconstruct a conflictive past than on the specific valid legal rules they declare and use. The article stresses that the Supreme Court chose to narrate the history of the recent violence of 1949 without committing to a definitive interpretation about issues that political actors still disputed. The decision and its narrative option show that law and its sources are not only spaces that bring closure to the past but also sites of contradiction, plural narratives, and indecision. [ABSTRACT FROM AUTHOR]

The Supreme Court, in its judgment dated 22 January 2020, held that the assignment of public-law credit rights is not generally permitted and that the provisions of the Civil Code governing the assignment of credits are not of subsidiary application. According to the judgment, only credit rights recognised by an administrative act or by final judgment are assignable. This calls into question the assignment of future credits in areas such as the patrimonial liability of the State and public procurement. Nevertheless, the judgment of the Supreme Court itself clarifies that this ruling only affects the assignment of credits arising from the patrimonial liability of the State, which was the factual background of the judgment. This article presents the regime on the assignment of public-law credit rights and assesses the scope of the Supreme Court's ruling of 22 January 2020 to determine if the ruling implies a change in the framework that has been applied to the assignment of future credits rights in connection with public authorities (particularly in the field of public procurement and patrimonial liability of the State) or if the legal framework remains unchanged. [ABSTRACT FROM AUTHOR]

This article analyses whether and under which conditions the State ought to compensate for the losses caused when managing the COVID-19 crisis. It focuses, firstly, on instances where public authorities have accidentally caused the damage at issue either through actions or omissions. Secondly, it considers cases of State liability for lawful conduct, where public authorities deliberately have inflicted some damage on a person or a group of people for the sake of the public interest. [ABSTRACT FROM AUTHOR]

This article analyses the main debates over the application of the Charter to disputes between private parties and assesses the ways in which the case law over the last ten years has responded to them. The article goes on to propose an alternative schema, whereby horizontality can be understood as a structural principle of EU fundamental rights adjudication on its own terms, rather than as an extension of the direct effect doctrine. It is argued that a self-standing principle of horizontality with equally valuable—yet operationally distinct—direct, indirect, and state-mediated manifestations, could respond more coherently to the conceptual, procedural, and remedial challenges displayed in the case law. [ABSTRACT FROM AUTHOR]

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Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Plastic Waste has become one of the most important global environment issues these days. The study aims to scrutinize problems which are related to the phenomenon, such as: the principles and regulations of liability in regard of the plastic waste dumping, and also the restructuration and strengthening law and regulation to overcome the plastic waste dumping. The results found that since the states have liability on preventive environmental damages occurred within their territory, they must strengthen their international and national regulation in order to prevent any potential loss. [ABSTRACT FROM AUTHOR]

Copyright of Il Diritto Dell'unione Europea is the property of Giappichelli Editore srl and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)