The Principle of State Liability in the Case of Infringement of Community Legislation by Member States as Being Established and Elaborated by the European Court of Justice
Title | The Principle of State Liability in the Case of Infringement of Community Legislation by Member States as Being Established and Elaborated by the European Court of Justice PDF eBook |
Author | Thomai Kimiskidou |
Publisher | |
Pages | |
Release | 1998 |
Genre | |
ISBN |
The Case of State Liability
Title | The Case of State Liability PDF eBook |
Author | Michael Haba |
Publisher | Springer |
Pages | 154 |
Release | 2014-11-19 |
Genre | Law |
ISBN | 3658080809 |
In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.
State Liability for Breaches of European Law
Title | State Liability for Breaches of European Law PDF eBook |
Author | Bert Van Roosebeke |
Publisher | Springer Science & Business Media |
Pages | 271 |
Release | 2007-11-10 |
Genre | Law |
ISBN | 3835094947 |
Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
EU Law Stories
Title | EU Law Stories PDF eBook |
Author | Fernanda Nicola |
Publisher | Cambridge University Press |
Pages | 661 |
Release | 2017-05-29 |
Genre | Law |
ISBN | 1107118891 |
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
The principle of state liability for judicial breaches
Title | The principle of state liability for judicial breaches PDF eBook |
Author | Kathrin Maria Scherr |
Publisher | |
Pages | 455 |
Release | 2008 |
Genre | European Union countries |
ISBN |
State Liability in Eu and International Law
Title | State Liability in Eu and International Law PDF eBook |
Author | Agne Vaitkeviciute |
Publisher | LAP Lambert Academic Publishing |
Pages | 80 |
Release | 2013 |
Genre | |
ISBN | 9783659493256 |
This research comprises of two parts. The first part analyses the most important issues of the principle of Member State's liability in damages for the breach of European Union law: legal basis of the principle, requirements for liability and, lastly, recent developments in the case law of the Court of Justice of the European Union. The principle of Member State's liability in damages and the requirements of liability are being further developed by the Court in its modern jurisprudence. These cases show that the requirements of liability were clarified and the scope of application of the principle of Member State's liability broadened. The author also examines that the state liability is being recognised both in EU and international law. State responsibility in international law can be understood in a broad sense and a narrow sense. It is emphasized that in a broad sense, state responsibility in international law comprises three institutes: firstly, state responsibility for internationally wrongful acts; secondly, state responsibility for the damage caused by lawful acts.
"Francovich" and the Problem of the Disobedient State
Title | "Francovich" and the Problem of the Disobedient State PDF eBook |
Author | Carol Harlow |
Publisher | |
Pages | 60 |
Release | 1996 |
Genre | Comparative law |
ISBN |