Project participants were asked to work on the basis of a questionnaire presented as a set of headings so as to provide a general framework for the reports in Part I (Public Authority Liability in Selected Jurisdictions) and then to provide analyses of a set of hypothetical cases in Part II (Case Studies). The design of the Part I questionnaire was intended to allow flexibility for individual contributions to focus on issues most important to their own systems, while also providing a common structure to facilitate comparative analysis. Supplementary guidance on filling in the questionnaire was supplied where it was felt to be useful and is reproduced below (words in square brackets and italics).

QUESTIONNAIRE

PART I: PUBLIC AUTHORITY LIABILITY IN SELECTED JURISDICTIONS

INTRODUCTION

OVERVIEW

[This section should introduce the key features of the law of public authority liability in the selected jurisdiction, including whether it falls under public law or private law, whether it involves the application of general principles or special rules, and whether such rules or principles are statutory or judge-made.]

HISTORICAL EVOLUTION

[This section should track historical trends in the system addressed (eg whether there has been a progressive extension or restriction of liability relating to public authorities over the course of time) and include an indication of the influence exerted by other systems – whether of national law or EU/ECHR law – on the law's evolution in this area.]

DEFINING THE PUBLIC SPHERE

[On which types of person and entity – and in respect of which type of activity and function – does public authority liability arise? Is a distinction drawn between acts or omissions by an official or entity that are of a public character and those that are of a private character (eg acta iure imperii versus acta iure gestionis)? Does liability relating to public authorities in the system addressed have a wider scope than the conception adopted here, ie liability arising out of the exercise of specifically public functions? Is the definition of ‘a public authority’ the same in national law as in EU law/under the ECHR? Does it embrace private entities performing public functions? Are the principles of public authority liability applied analogously to private activities run parallel to the activities of public authorities (eg private schools, universities or hospitals)? Address these questions in broad principled terms: illustrative examples may be provided in II.E and III.A below.]