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State Liability for Breaches of European Law

2007-11-10 Law
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Release : 2007-11-10
Genre : Law
Kind : eBook
Book Rating : 947/5 ( reviews)

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Book Synopsis State Liability for Breaches of European Law by : Bert Van Roosebeke

Download or read book State Liability for Breaches of European Law written by Bert Van Roosebeke. This book was released on 2007-11-10. 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.

The Right to Damages in European Law

2009-01-01 Law
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Release : 2009-01-01
Genre : Law
Kind : eBook
Book Rating : 764/5 ( reviews)

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Book Synopsis The Right to Damages in European Law by : Andrea Biondi

Download or read book The Right to Damages in European Law written by Andrea Biondi. This book was released on 2009-01-01. 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.

The Case of State Liability

2014-11-19 Law
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Release : 2014-11-19
Genre : Law
Kind : eBook
Book Rating : 809/5 ( reviews)

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Book Synopsis The Case of State Liability by : Michael Haba

Download or read book The Case of State Liability written by Michael Haba. This book was released on 2014-11-19. 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.

State Liability in Eu and International Law

2013
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Release : 2013
Genre :
Kind : eBook
Book Rating : 256/5 ( reviews)

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Book Synopsis State Liability in Eu and International Law by : Agne Vaitkeviciute

Download or read book State Liability in Eu and International Law written by Agne Vaitkeviciute. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Public Liability in EU Law

2011-11-01 Law
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Release : 2011-11-01
Genre : Law
Kind : eBook
Book Rating : 452/5 ( reviews)

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Book Synopsis Public Liability in EU Law by : Pekka Aalto

Download or read book Public Liability in EU Law written by Pekka Aalto. This book was released on 2011-11-01. 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.

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