MEMBER STATES’ LIABILITY FOR JUDICIAL ERROR RESULTING IN BREACHES OF EUROPEAN UNION LAW

• Published in: Journal of Legal Studies Vol. 17; no. 31; pp. 64 - 76
• Main Author: Neamt, Valentin Paul
• Format: Journal Article
• Language: English
• Published: Cluj-Napoca Editura Universităţii Vasile Goldiş 01-06-2016; Vasile Goldis University Press; "Vasile Goldis" University Press; Sciendo
• Subjects: Attorneys; european law; Judicial error; judicial errors; Law, Constitution, Jurisprudence; liability; European Law; liability; judicial errors
• ISSN: 2457-9017; 2392-7054; 2457-9017; 2392-7054
• DOI: 10.1515/jles-2016-0007

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.