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Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts

Authors:

Esther Engelhard ,

Utrecht University School of Law
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Berthy van den Broek,

Utrecht University School of Law
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Ferry de Jong,

Utrecht University School of Law
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Anne Keirse,

Utrecht University School of Law
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Evelien de Kezel

Utrecht University School of Law
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Abstract

This contribution focuses on the égalité principle as the leading ground for liability after lawful acts by the State, local authorities and public authorities. Two Dutch legislative initiatives are dealt with in particular, that seek to codify, improve and expand égalité liability in administrative law, private law and criminal law. This will make the artificial égalité construction used in private law cases no longer necessary and legal reasoning more transparent. Further, the authors claim that Article 4:126 BW may open the possibility for new types of private law claims to be developed under this umbrella. However, their concerns are that the égalité principle is too vague to create the certainty and uniformity that the legislator aspires towards.
DOI: http://doi.org/10.18352/ulr.284
How to Cite: Engelhard, E. et al., (2014). Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts. Utrecht Law Review. 10(3), pp.55–76. DOI: http://doi.org/10.18352/ulr.284
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Published on 03 Jul 2014.
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