8.4 Liability of de facto (co-)policymakers

In the fourth chapter, the author assesses the liability of (co-)policymakers. In doing so, the author distinguishes between liability arising from special statutory provisions that provide for the assimilation of (co-)policymakers with directors on the one hand (‘actual policymakers’) and liability based on the doctrine of tort, which does not provide for the aforementioned assimilation, on the other hand (false(co-)policymakers’).