The Effectiveness of the Kobler Liability in National Courts PDF
by Zsofia Varga
Part of the EU Law in the Member States series
Description
Over the last 15 years, K bler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the K bler judgment in the Member States?
This book offers a unique analysis of the principle not from the usual EU-focused point of view but from the view of the practical Member State and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the K bler doctrine in the system of judicial remedies against violation of EU law by national supreme courts.
After the pronouncement of the ECJ judgment in K bler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the K bler liability in the Member States.
Information
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Download - Immediately Available
- Format:PDF
- Pages:312 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:15/10/2020
- Category:
- ISBN:9781509939213
Other Formats
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Information
-
Download - Immediately Available
- Format:PDF
- Pages:312 pages
- Publisher:Bloomsbury Publishing PLC
- Publication Date:15/10/2020
- Category:
- ISBN:9781509939213
