Download or read book State Liability for Breaches of European Law written by Bert Van Roosebeke and published by Springer Science & Business Media. This book was released on 2007-11-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Right to Damages in European Law written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2009-02-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.

Download or read book The Case of State Liability written by Michael Haba and published by Springer. This book was released on 2014-11-19 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopedia of Laws, this book provides ready access to loss compensation under (primary and secondary) European Union Law. This important branch of law tackles questions which today concern private and public lawyers throughout Europe and beyond. Following a general introduction into the structure and institutions of the European Union, the monograph develops in its first part the law of liability for breach of EU law. This addresses primarily the non-contractual liability of the Union and its institutional organs under Art. 340(2) TFEU. Breach of law liability of the Union means responsibility for unlawful public acts without fault by EU legislature, EU executive, and, in principle, EU judiciary. Next to Union liability the monograph covers liability of Member States for breach of EU law in its variants developed by the ECJ. Finally the complex field of liability of private parties for breach of EU law is addressed. The applicability of general principles of the law of damages and– causation, proof, limitation, prescription and– is considered. The second part deals with the law of harmonized civil liability, focusing on EU product liability as its centerpiece. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Download or read book Laws of the European Union Direct Effect Indirect Effect and State Liability written by Ogochukwu C. Nweke and published by GRIN Verlag. This book was released on 2021-01-28 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This document discusses how the Court of Justice of the European Union has over the years adopted and used the Direct effect, Indirect effect and State liability principles to make the EU Laws more effective, both in terms of interpretation and application, especially with regards to EU Directives. The Court of Justice of the European Union (CJEU) whose composition and functions were enunciated in Section 5 of the Treaty on the Functioning of the European Union (TFEU) 2008, was established in 1952, with the aim of interpreting the Laws of the European Union, making sure that the application of these laws are uniform and consistent in all EU countries. The CJEU also “settles legal disputes between national governments and EU institutions.” The CJEU is divided into two courts. It gives rulings on cases brought before it and in doing so, it is required to give preliminary rulings in its capacity to interpret the laws (among other capacities) "to ensure EU law is properly applied, but courts in different countries might interpret it differently. If a national court is in doubt about the interpretation or validity of an EU law, it can ask the Court for clarification. The same mechanism can be used to determine whether a national law or practice is compatible with EU law."

Download or read book The Action for Damages in Community Law written by Ton Heukels and published by Kluwer Law International B.V.. This book was released on 1997-02-18 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.

Download or read book Infringement Proceedings in EU Law written by Luca Prete and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal order, but also a critical assessment of the procedures as they currently stand, complete with proposals for future changes. Recognizing that Member States’ compliance with EU law is an integral part of the task of ensuring the rule of law throughout the Union, the author thoroughly explains the functioning of infringement proceedings, their requirements and related policies, including issues such as: – the Commission’s discretion to bring a case before the Court; – the author of the infringement, including national courts or private entities; – Member States’ procedural and substantive defences; – the different procedures under Articles 258, 259 and 260(2) and (3) TFEU; – rights of private parties; – interim measures; – ¬financial sanctions; – Member States’ liability; and – the roles played by the European Parliament and the Ombudsman. Particular attention is devoted to rules that have not yet been fully interpreted, or where the current interpretation or application of the rules seems problematic. The book tackles, in particular, whether infringement proceedings, as they stand, constitute an appropriate means of ensuring observance by Member States’ authorities of the EU acquis, and, if not, what reforms should be implemented in order to achieve this in the future. Such a detailed and in-depth examination of this fundamental procedure of EU law will be of great and long-lasting interest to EU and Member State administrators, legal practitioners and academics. Luca Prete is currently a référendaire (Legal Secretary) for Advocate General Wahl at the Court of Justice of the European Union, on secondment from the Legal Service of the European Commission. He is also a member of the Centre for European Law of the Free University of Brussels (VUB). He has published several articles in the fi¬eld of EU law and is a regular speaker at EU law seminars and conferences.

Download or read book European Law Essentials written by Stephanie Switzer and published by Edinburgh University Press. This book was released on 2014-03-13 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union enjoys the competence to make laws in a wealth of areas, from environmental protection to agricultural policy. This competence is the result of many years of building and promoting European-level co-operation and integration. European Law Essentials explores the legal development of the EU. It introduces the background history of the union, then moves on to look at membership, institutions, community law, supremacy, direct effect, state liability, preliminary rulings and judicial review, and finishes by looking to the future of law in the EU. End-of-chapter summaries flag up the essential facts and essential cases, and the book includes tables of cases, statues and European legislation.

Download or read book Tort Liability of Public Authorities in European Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2020-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

Download or read book Judicial Protection in the EC The Use of Article 288 2 written by Jill Wakefield and published by Springer. This book was released on 2002-08-08 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has seen an evisceration of the once-dominant democratic legal concept of "public interest". Its place is being steadily usurped by a problematic "compensation culture" which, in an ostensible effort to protect the individual, is wreaking havoc with the principles of responsibility and liability that underlie the rule of law, especially in the commercial context. Nowhere is this troubling development more evident than in the jurisprudence surrounding Article 288(2)EC, which has grown from a measure of sanction against the Community Institutions for maladministration into a remedy for infraction or injury through the fault of those Institutions or, by extension, as a result of Member State breach of Community law. Judicial Protection in the EC is the first in-depth analysis of this "hot spot" in EC law. With prodigious scholarship and persuasiveness, the author investigates the relevant case law of the Court of Justice from the standpoint of the fundamental legal principles involved. She finds that the distinct problem of the accountability of the Community Institutions, so important where democratic controls are weak, has been subsumed to the responsibility to compensate. In her penetrating commentary she identifies an erosion of basic democratic principles and points the way to ensuring that policies claimed to be in the public interest actually serve that public interest. Cases examined in detail include the "Isoglucose" cases, Brasserie, Factortame, SchandÖppenstedt, Bergaderm, LandÜtticke, and Eurocoton. The author refers extensively to the ECSC Treaty which, although it expires in July 2002, continues to provide significant authority for the interpretation of Article 288(2)EC.

Download or read book The Right to Damages in European Law written by Andrea Biondi and published by . This book was released on 2011 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Remedies for Breach of EC Law written by Julian Lonbay and published by . This book was released on 1997-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies for Breach of EC Law Edited by Julian Lonbay Senior Lecturer, Director of the Institute of European Law, University of Birmingham Andrea Biondi Research Fellow, Institute of European Law, University of Birmingham Foreword by The Rt Hon. The Lord Slynn of Hadley A cornerstone of the success of the European Union is the effectiveness of Community law. Without adequate remedies and sanctions in the national courts to ensure the proper application, this effectiveness cannot be guaranteed. In recent years the question of available remedies has caused much debate, particularly in light of the Factortame I and Francovich cases. Since then, a number of other key cases have been heard which have widened the scope of the debate. Within the context of the development and refinement of this crucial aspect of Community-Member State relations, Remedies for Breach of EC Law draws on a team of expert commentators to analyse in detail the key issues which arise. In his Foreword, Lord Slynn highlights some of the important questions which are considered: Should Article 215 be developed to give a more effective remedy in compensation even than Francovich? Are any general lessons to be learnt from the remedies provided in the public procurement directive? Is the current atmosphere browbeating, or inducing, the Court to be less creative - should it? What are the special needs or enforcement of the law relating to the environment, to competition, to trade marks and to the protection of works of art? With its expert and in-depth analysis of this important issue, Remedies for Breach of EC Law is an essential reference for EC practitioners and academics who need to understand the implications of ensuring effective protection of EC law in national courts.

Download or read book Liability of Member States for the Violation of Fundamental Values of the European Union written by Armin Hatje and published by Nomos Verlag. This book was released on 2018-06-11 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Werte der Europäischen Union werden insbesondere durch das Verfahren des Art. 7 EUV vor systemischen Gefahren geschützt. Die Vorschrift erlaubt es in letzter Konsequenz, den betreffenden Mitgliedstaaten erhebliche Sanktionen aufzuerlegen. Als ultima ratio kommt sogar die Aussetzung des Stimmrechts in Betracht. Während die herkömmliche Betrachtung der Norm davon ausgeht, dass es sich um einen Sonderfall des Vertragsverletzungsverfahrens handelt, werden in diesem Band die Elemente des Tatbestandes herausgearbeitet, die für einen deliktischen Anspruch der Union gegen den vertragsbrüchigen Mitgliedstaat sprechen. Diese auf den ersten Blick ungewöhnliche Sicht auf Art. 7 EUV hat vor allem den analytischen Vorteil, die einzelnen Tatbestandsvoraussetzungen in ihrer ganzen Tragweite vor allem mit Blick auf die Rechtsfolgen besser verstehen zu können. Mit Beiträgen von Ewa Baginska | Sylwia Majkowska-Szulz | Gavin Barret | Tomás Dumbrovsky | Andreas Haratsch | Aalt Willem Heringa | Ulrich Magnus | Matthias Niedobitek | Michael Potacs | Laurent Sermet | Lubos Tichy | Mirosław Wyrzykowski | Jiri Zemanek

Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Download or read book The Effectiveness of the K bler Liability in National Courts written by Zsófia Varga and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book EU Law Stories written by Fernanda Nicola and published by Cambridge University Press. This book was released on 2017-05-29 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.