STATE LIABILITY FOR JUDICIAL DECISIONS IN EUROPEAN UNION AND INTERNATIONAL LAW

2012 ◽  
Vol 61 (3) ◽  
pp. 585-611
Author(s):  
Arwel Davies
Keyword(s):  
European Union ◽  
International Law ◽  
The State ◽  
Eu Law ◽  
Legal Systems ◽  
European Union Law ◽  
Judicial Decisions ◽  
Significant Divergence ◽  
State Liability

AbstractAs a consequence of the state unity theory, the conduct of all state organs is attributed to the state in an undifferentiated manner. It follows that, in both international and European Union law, state liability can be based on the substance of judicial decisions despite the independence of the judicial branch. However, beyond the matter of attribution, there is a significant divergence between the two legal systems. In international law, the judicial origin of challenged decisions does not influence the application of liability criteria, whereas, in EU law, the liability criteria can be applied to judicial decisions in a tightened manner. This article has the twofold aim of establishing and explaining this difference.

7. Doctrines of European Union law: direct effect, supremacy, state liability for breach of Union law and other remedies

2018 ◽  
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
European Union Law ◽  
State Liability

This chapter reviews the main doctrines or principles of EU law. It is divided into three sections: direct effect and indirect effect; supremacy or primacy; state liability for breach of Union law and other remedies.

9. State liability

2020 ◽  
pp. 210-224
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
The State ◽  
Eu Law ◽  
National Courts ◽  
State Liability

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

Restrictions on Trading in Agricultural Land and European Union law

2017 ◽  
Vol 71 (0) ◽  
pp. 51-60
Author(s):  
Michał Giżewski
Keyword(s):  
European Union ◽  
Agricultural Land ◽  
The State ◽  
Agricultural System ◽  
Eu Law ◽  
European Union Law ◽  
European Union Legislation

30 April 2016 saw the entering into force of the Act of 14 April 2016 on the Suspension of Sale of Land of the Agricultural Property Stock of the State Treasury and on Amending Numerous Acts . The amendments pertained to, inter alia, the Act of 11 April 2003 on the Formation of the Agricultural System , and introduced a variety of alterations thereto, thus restricting significantly the freedom of trading in agricultural land. This article provides an analysis of conformity of Polish legislation with European Union legislation and also explains the liability of the State Treasury in case of violations of EU law.

7. Doctrines of European Union law: direct effect, supremacy, state liability for breach of EU law and other remedies

2021 ◽  
pp. 186-248
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Indirect Effect ◽  
International Agreements ◽  
Eu Law ◽  
European Union Law ◽  
Member States ◽  
State Liability ◽  
The Uk ◽  
Selection Of

This chapter examines the main doctrines or principles of EU law. It is divided into three sections. It starts with a discussion on the principle of direct effect and indirect effect, with reference to regulations, directives and international agreements. It then considers the doctrine of supremacy or primacy of EU law with reference to a selection of Member States and the UK. The chapter also considers state liability for breach of EU law, and other remedies.

scholarly journals The EU law and the law of third countries: problems of interaction

2021 ◽  
Vol 118 ◽  
pp. 02003
Author(s):  
Dmitriy Viacheslavovich Galushko ◽  
Natalya Valerievna Oganova ◽  
Andrey Leonidovich Belousov ◽  
Elena Valerievna Grigorovich ◽  
Aleksey Valerievich Sereda
Keyword(s):  
European Union ◽  
Legal System ◽  
The State ◽  
Legal Systems ◽  
The European Union ◽  
International Treaties ◽  
European Union Law ◽  
The Relationship ◽  
Respective State ◽  
The Eu

The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

Contexts of Transnational Law

2019 ◽  
pp. 869-897 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
European Union ◽  
South America ◽  
International Law ◽  
Legal System ◽  
General Level ◽  
Legal Systems ◽  
Technical Approach ◽  
European Union Law ◽  
Public International Law ◽  
Transnational Law

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.

scholarly journals THE LIABILITY OF THE STATE FOR DAMAGE CLAIMS RESULT OF VIOLATION OF THE EUROPEAN UNION LAW

2020 ◽  
Vol 2 (2) ◽  
pp. 71-83
Author(s):  
Veselina Kanatova-Buchkova
Keyword(s):  
European Union ◽  
The State ◽  
The European Union ◽  
European Union Law ◽  
Damage Claims ◽  
Illegal Acts ◽  
State Liability

The article deals with the questions connected with different court procedures on damage claims grounded in State and Municipalities Liability for Damages Act (1989) result of illegal acts of Bulgarian administrative bodies. The article designates the specific issues of the state liability including the issues connected with the new regulation of the court liability for violation of the European Union law.

scholarly journals The Relationship Between the European Union Law and the Double Tax Treaties

2021 ◽  
Vol 61 (5) ◽  
pp. 277-286
Keyword(s):  
European Union ◽  
International Law ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Legislative Changes ◽  
National Perspective ◽  
The Many ◽  
The Eu

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

9. State liability

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
The State ◽  
Eu Law ◽  
National Courts ◽  
State Liability

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability developed in subsequent cases such as Brasserie de Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

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