Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 13: European tort law in Western Europe

Jonas Knetsch

Abstract

Is there a culture of European tort law in Western Europe? Based on a chronological approach, this chapter gives a critical assessment of the assumption that national tort law systems have already undergone a massive Europeanisation. Despite an undeniable incidence of European Union law on tort law and considerable academic research in this field, tort law cultures in Western Europe still seem to remain founded on national structures and ways of thinking. The author addresses the question as to why national tort law cultures are so reluctant to adopt the broader phenomenon of the Europeanisation of law and draws parallels to the adjacent legal field of insurance law, which has become over the past years a more fertile ground for European legal culture.

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