CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW
The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain condition...
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Format: | Article |
Language: | English |
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Nicolae Titulescu University Publishing House
2012-05-01
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Series: | Challenges of the Knowledge Society |
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Online Access: | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_103.pdf |
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author | ROXANA-MARIANA POPESCU |
author_facet | ROXANA-MARIANA POPESCU |
author_sort | ROXANA-MARIANA POPESCU |
collection | DOAJ |
description | The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair. |
format | Article |
id | doaj-art-15e29e5a2fda4b34a029e7beca1b2e43 |
institution | Kabale University |
issn | 2068-7796 |
language | English |
publishDate | 2012-05-01 |
publisher | Nicolae Titulescu University Publishing House |
record_format | Article |
series | Challenges of the Knowledge Society |
spelling | doaj-art-15e29e5a2fda4b34a029e7beca1b2e432025-01-02T13:48:58ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962012-05-012-9991008CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAWROXANA-MARIANA POPESCUThe priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_103.pdfLiability of Member StatesEU lawpriority principle of EU lawCourt of Justicecase-law aspects |
spellingShingle | ROXANA-MARIANA POPESCU CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW Challenges of the Knowledge Society Liability of Member States EU law priority principle of EU law Court of Justice case-law aspects |
title | CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW |
title_full | CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW |
title_fullStr | CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW |
title_full_unstemmed | CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW |
title_short | CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW |
title_sort | case law aspects concerning the regulation of states obligation to make good the damage caused to individuals by infringements of european union law |
topic | Liability of Member States EU law priority principle of EU law Court of Justice case-law aspects |
url | http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=01_legal_sciences%2F&download=cks_2012_legal_sciences_art_103.pdf |
work_keys_str_mv | AT roxanamarianapopescu caselawaspectsconcerningtheregulationofstatesobligationtomakegoodthedamagecausedtoindividualsbyinfringementsofeuropeanunionlaw |