Format:
1 Online-Ressource (lx, 246 pages)
Edition:
First edition
Edition:
Also published in print
ISBN:
9781509939220
Series Statement:
EU Law in the member states volume 6
Content:
"Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler 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 Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, 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 Köbler liability principle in the Member States"--
Note:
Includes bibliographical references and index
,
Introduction -- Conclusions from the past -- Perspectives for the future -- Findings.
,
Also published in print
,
Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily
Additional Edition:
ISBN 9781509944637
Additional Edition:
ISBN 9781509939206
Additional Edition:
ISBN 1509939202
Additional Edition:
ISBN 1509939210
Additional Edition:
ISBN 9781509939213
Additional Edition:
ISBN 9781509939190
Additional Edition:
Erscheint auch als Druck-Ausgabe Varga, Zsófia The effectiveness of the Köbler liability in national courts Oxford, UK : Hart Publishing, an imprint of Bloomsbury Publishing, 2020 ISBN 9781509939190
Language:
English
DOI:
10.5040/9781509939220
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