Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.

"Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle - not from the usual EU-focused point of view but from the view of the practical Member State - and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability principle in the Member States"--

The contemporary legal theory is gradually departing from traditional theory of the hierarchical legal system. Some authors announce the supposed death of the concept of law within the state. The so-called multicentrism might become an attractive alternative to the traditional monocentric approach. The essence of multicentrism may be characterized as coexistence of many adjudicating bodies, especially courts, whose verdicts are equally effective within the national legal system. Such a situation takes place e. g. within the European legal area where multicentrism could be perceived as the existence of «sensitive» liaisons, entanglements and relations of dependence between the European Court of Human Rights in Strasbourg, the European Court of Justice in Luxemburg and national (especially constitutional) courts in member states. The coexistence of many centres of adjudication may thus become a constant feature of the system of regional and global law.

Hilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.

Hilaire Barnett’s Constitutional and Administrative Law has consistently provided students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Fourteenth edition equips students with a thorough understanding of the UK constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform. This edition has been fully updated and includes discussion of the consequences of the United Kingdom's withdrawal from the European Union, including the impact on the legislative supremacy of Parliament and the relationship between EU and domestic law after departure. It also features discussion of the 2020 Coronavirus Act, with its implications for state power, and ahead of the forthcoming new SQE qualification, revised multiple choice questions on the Companion Website. Ideal for students studying constitutional and administrative law for the first time, this is an indispensable guide to the challenging concepts and legal rules in public law.