The Pan-European General Principles on State Liability

The sources of the pan-European general principles on state liability are (1.) Article 5 (5) and Article 41 ECHR, (2.) Article 5 of the CoE Civil Law Convention on Corruption (ETS No. 174) and, above all, (3.) the principles enshrined in the CoE Recommendation of the Committee of Ministers No. R (84) 15 relating to public liability which are (4.) synthetised in Article 23 of Recommendation CM/Rec(2007)7 on good administration. A survey of these sources and their respective explanatory memoranda give a clear idea of what ‘CoE minimum standards’ of state liability law should be. Surprisingly, however, these documents (as well as the pertinent comparative research) contain only limited and veiled information about the functions and the reasons for state liability and why it is considered as an important component of the rule of law. The presentation will explore whether the pan-European ideas about the functions and purpose of state liability can nevertheless be discerned.