Die Geltendmachung der Entschädigungsansprüche aus Staatshaftung für unionsrechtswidrige Gerichtsentscheidungen im Lichte des polnischen Rechts (Assertion of Compensation Claims from State Liability for Judicial Decisions Contrary to European Union Law in the Light of Polish Law)

2019 ◽  
Author(s):  
Katarzyna Gebala
2012 ◽  
Vol 61 (3) ◽  
pp. 585-611
Author(s):  
Arwel Davies

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.


2019 ◽  
Vol 3 (2) ◽  
pp. 125-138
Author(s):  
Joana Sousa Domingues

It is generally accepted that the development of a Union of law is largely due to the judicial decisions of the Court of Justice of the European Union (hereinafter, CJEU). With its judicial pronouncements, the CEJEU aims to achieve the same legal effects in every language version of its judgments and, through them, to ensure the uniform application and interpretation of European Union law. Nevertheless, such judicial pronouncements, with normative and binding force, are the result of collegial decisions and drafted by jurists in a language that is usually nottheir mother tongue. In addition, they are also the result of various permutations associated with the necessary legal translation from and to (and vice versa) the working language of the Court and the official languages of the European Union. The published judgments presented as authentic are, in most cases, translations. To understand the construction of decisions of the CJEU is to understand the construction of the European Union law, and by consequence, the European project itself.


2021 ◽  
Vol 2 (70) ◽  
pp. 123-140
Author(s):  
Bogusław Przywora

In determining the correct procedure for ratification of Council Decision 2020/2053, the author has analysed the provisions of Polish law and European Union law. In the author’s opinion, on the basis of the Council Decision there is no transfer of powers of state authorities within the meaning of Article 90 of the Constitution. Therefore, in Polish conditions this will mean the requirement of the application of the so-called “large” ratification, referred to in Article 89 para. 1 of the Constitution. Such a solution is supported both by the substantive content of the provisions contained in Council Decision 2020/2053, the previous practice of ratifying Council Decisions on the system of own resources of the EU, as well as the order to apply a “pro-EU” interpretation.


2016 ◽  
Vol 17 (31) ◽  
pp. 64-76 ◽  
Author(s):  
Valentin Paul Neamt

Abstract 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.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

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.


2021 ◽  
pp. 186-248
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

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.


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