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State Liability in Eu and International Law

2013
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Release : 2013
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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.

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 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.

Laws of the European Union. Direct Effect, Indirect Effect and State Liability

2021-01-28 Law
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Release : 2021-01-28
Genre : Law
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Book Rating : 081/5 ( reviews)

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Book Synopsis Laws of the European Union. Direct Effect, Indirect Effect and State Liability by : Ogochukwu C. Nweke

Download or read book Laws of the European Union. Direct Effect, Indirect Effect and State Liability written by Ogochukwu C. Nweke. This book was released on 2021-01-28. 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."

The EU Maritime Safety Policy and International Law

2008-09-30 Law
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Release : 2008-09-30
Genre : Law
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Book Rating : 965/5 ( reviews)

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Book Synopsis The EU Maritime Safety Policy and International Law by : Henrik Ringbom

Download or read book The EU Maritime Safety Policy and International Law written by Henrik Ringbom. This book was released on 2008-09-30. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions is bound to create tensions with the related international conventions and with well-established principles of international law. This study assesses how the EU has acted as a flag State, port State and coastal State and measures the trends in this development against the international legal framework. More detailed legal analyses are offered for specific aspects of EU legislation that are considered to be particularly interesting from an international law point of view. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.

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