Effectiveness of the K bler Liability in National Courts e-bog
329,95 DKK
(inkl. moms 412,44 DKK)
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 b...
E-bog
329,95 DKK
Forlag
Hart Publishing
Udgivet
15 oktober 2020
Længde
312 sider
Genrer
Law
Sprog
English
Format
pdf
Beskyttelse
LCP
ISBN
9781509939213
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.