PUBLISHING | ARTICLE

Administrative Law

150 Anos de L`arrêt Blanco e 15 Anos de RRCEE: Notas Marginais

LPL Author(s):
Ricardo Pedro
Bibliographic reference:
Pedro, Ricardo, 150 Anos de “L`arrêt Blanco” e 15 Anos de RRCEE: Notas Marginais (150 Years of "L`arrêt Blanco" and 15 Years of RRCEE: Marginal Notes) (December 20, 2023).
Research Group(s):
Administrative Law
Publishing company: SSRN
Year: 2023

Synopsis

This article focuses on two commemorative dates: the 150th anniversary of "L`arrêt Blanco" and the 15th anniversary of the Portuguese public liability regime. It revisits the various readings of this famous ruling, which is attributed to the autonomisation of the public civil liability regime in relation to private civil liability and also to the autonomisation of the administrative jurisdiction to judge this type of litigation in France. Despite the Conseil d'Etat's contribution, the genealogy of the Blanco judgement tends to be better understood as a process that has received contributions over time from various authors, whether from the Conseil d'Etat, university doctrine or others. With regard to the application of the Portuguese public liability regime by administrative case law, a ruling on compensation for damage caused in the context of Covid-19 is analysed, and the regime proposed by the European Union for compensation for damage caused by Artificial Intelligence systems is explored, identifying some of the particularities that the adaptation of this regime must undergo when it comes to damage caused in the exercise of public functions, from the outset, in comparison with the Portuguese public liability regime

Lisbon Public Law Research Centre

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