Member States’ liability for judicial error resulting in breaches of European Union Law

• Authors: Valentin Paul Neamt
• Languages of publication: EN

Abstracts

EN

This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts presents the concept of state liability for judicial errors in relation to European law, as it stems from the case-law of the Court of Justice of the European Union, then goes on to show how the European Court of Human Rights may give redress to such aggrieved parties. Finally, it discusses the differences in the possibility of redress given by the two courts and the compatibility between their approaches, finally leading to a discussion on the possible convergence of the two.

Keywords

EN

liability; judicial errors; European Law

• Publisher: Sciendo
• Journal: Journal of Legal Studies
• Year: 2016
• Volume: 17
• Issue: 31
• Pages: 64-76

Dates

published

2016-06-01

received

2015-11-01

accepted

2016-01-01

online

2016-05-12

Contributors

author

Valentin Paul Neamt

• „Vasile Goldis” Western University of Arad

References

• 1. Damian Chalmers, Gareth Davies, Giorgio Monti - European Union Law: Cases and Materials 2nd Edition, Oxford University Press, Oxford, 2010;
• 2. Paul Craig, Grainne de Burca - EU Law: Text, Cases, and Materials, 5th Edition, Oxford University Press, Oxford, 2011;

Identifiers

DOI

10.1515/jles-2016-0007