<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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.</p></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.

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

„Vasile Goldis” Western University of Arad

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

This paper presents the remedies available to persons whose European law rights have been infringed by judgments given by national Courts. The paper firsts...

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

Data publikacji: 12 maj 2016

Zakres stron: 64 - 76

Otrzymano: 01 lis 2015

Przyjęty: 01 sty 2016

DOI: https://doi.org/10.1515/jles-2016-0007

Słowa kluczowe
liability, judicial errors, European Law

© 2016 Valentin Paul Neamt, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Data publikacji: 12 maj 2016

Zakres stron: 64 - 76

Otrzymano: 01 lis 2015

Przyjęty: 01 sty 2016

DOI: https://doi.org/10.1515/jles-2016-0007

Słowa kluczoweliability, judicial errors, European Law

© 2016 Valentin Paul Neamt, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
liability, judicial errors, European Law