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Public Responsibilities And Liabilities Before And After Disasters: The Case Law Of The European Court Of Human Rights

Juli PONCE

1. Introduction

Natural and man-made disasters are a major European worry.1 An official European Union (EU) document shows the economic impacts of disasters in Europe to be around €15 billion annually.2

In order to understand the effect of disasters we must understand the significant link between the legal and political situation (i.e. public actions or omissions) before disasters and the legal responsibilities arising after a disaster. We cannot completely separate the legal consequences of a disaster and the post disaster legal situation from the actions of policy makers and existing law. Prior to a disaster, the actions taken or not have a significant impact on the legal consequences and potential liabilities of the state where the disaster occurred.

In this article I will consider both the time period before and after a disaster separately, underlining the connections between the two temporal perspectives.