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The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

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Neamt V. P.

Journal of Legal Studies

2016

vol. 17

issue 31

24-36

The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

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

100%

Neamt V. P.

Journal of Legal Studies

2016

vol. 17

issue 31

64-76

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.

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2 Journal of Legal Studies

2 Neamt V. P.

2 2016

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The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

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