The “Principles of European Tort Law” (PETL) at the beginning of a second decade

Abstract

In May 2005, the European Group on Tort Law presented the “Principles on European Tort Law” (PETL), which have, since then, been expanded and updated. Their practical purpose is producing something that might be useful as a basis for the enhancement and harmonization of the law of torts in Europe, as they identify the principles common to the different laws of tort existing there and, if no common principles exist, or if the existing common principles are generally not considered satisfactory, they propose ‘better’ possible solutions. This article demonstrates, however briefly, the impact of the PETL in national legislation, case law and legal scholarship in many European countries, as well as it elucidates some of its specific aspects. Maintaining a critical approach, the work presents the underlying ‘flexible system’ of the PETL, utilized by the Group as a way to introduce the necessary flexibility without falling into over-vagueness. Furthermore, it explains how the PETL establishes the basic elements of the liability system, developing on the Basic Norm, the General Conditions of Liability (i.e. damage and causation) and the Bases of Liability (fault liability, strict liability and liability for others). Finally, it anticipates the continuity of the Group’s study to produce an improved version of the Principles, that will cover various topics in more depth and take in consideration the criticism and praise received from numerous countries.