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Member States’ liability for judicial error resulting in breaches of European Union Law

Member States’ liability for judicial error resulting in breaches of European Union Law 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Legal Studies de Gruyter

Member States’ liability for judicial error resulting in breaches of European Union Law

Journal of Legal Studies , Volume 17 (31) – Jun 1, 2016

Member States’ liability for judicial error resulting in breaches of European Union Law

Journal of Legal Studies , Volume 17 (31) – Jun 1, 2016

Abstract

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.

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Publisher
de Gruyter
Copyright
Copyright © 2016 by the
ISSN
2392-7054
eISSN
2392-7054
DOI
10.1515/jles-2016-0007
Publisher site
See Article on Publisher Site

Abstract

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.

Journal

Journal of Legal Studiesde Gruyter

Published: Jun 1, 2016

References