Chapter

The Creation and Maintenance of the EEC Directive on Liability for Defective Products and the Process of its Implementation in the UK and France

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0016
The Creation and Maintenance of the EEC Directive on Liability for Defective Products and the Process of its Implementation in the UK and France

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This chapter looks in turn at the background to the Product Liability Directive and the key decisions of the European Court of Justice in 2002, which declared that its purpose was to effect ‘complete harmonisation’ of the law within those matters that it governs; at the different processes of its implementation in the UK and France; and then at the review and reform of the directive at the EU level. This Directive is a key example of the problems facing legal systems in implementing directives in an area already broadly governed by national law. While some of these problems are shared by English and French law, some are significantly different, stemming in particular from the different roles of legislation in a codified and non-codified system and from the different way in which the central distinctions between public and private law, and between civil and criminal liability, are treated.

Keywords: Product Liability; liability law; Justice; English law; French law

Chapter.  27400 words. 

Subjects: Comparative Law

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