The role of discretion in EC law on non-contractual liability

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Series Details Vol.42, No.3, June 2005, p677–695
Publication Date June 2005
ISSN 0165-0750
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Publishers Abstract:
This article begins with an analysis of the role played by discretion in the Court of Justice's case law on non-contractual, institutional liability and then seeks to compare this with the Court's case law on State liability. In discussing these topics, the article will also consider the potential role of the new Constitutional Treaty, and the possible impact of fundamental rights on the Court's case law.

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