The Principle of Equality of Citizens vis-à-vis Public Burdens: A General Basis for State Liability Not Based on Fault?

It is beyond dispute that the State can be held liable like any other person if it commits a fault that causes damage. A more difficult question is whether it is possible to claim compensation for damage resulting from lawful State intervention. In France and the Netherlands, this is generally possible on the basis of the principle of equality of citizens before public burdens. According to this principle, the State cannot without compensation impose greater burdens on citizens than they need to bear in the public interest. More recently, the highest courts of Belgium have also applied this principle in the context of private property restrictions. However, little is clear as to the precise scope, meaning and function of the principle in Belgian law, and it remains an open question whether the adoption of the principle can be interpreted as a general acceptance of nofault State liability. Therefore, the PhD dissertation aims to elaborate a general framework regarding no-fault State liability and to test this framework against specific applications in property restricting legislation. The theoretical research results will be tested and applied within specific situations and ultimately evaluated, with policy recommendations. The project will be conducted in an intra-disciplinary way and build on insights drawn from property, civil liability, administrative and European law.

Keywords:BELGIAN LAW, LAW MAKING, LAW

Disciplines:Law, Other law and legal studies