The Effectiveness of the Kbler Liability in National Courts

Over the last 15 years, Kobler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Kobler 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 Kobler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Kobler , 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 Kobler liability in the Member States.>

Dettagli sul prodotto

• Autori: Zsofia Varga, Zsófia Varga
• Con la collaborazione di: Jeremias Adams-Prassl (Editore), Michal Bobek (Editore)
• Editore: Hart Publishing
• Lingue: Inglese
• Formato: Tascabile
• Pubblicazione: 31.12.2021
• EAN: 9781509944637
• ISBN: 978-1-5099-4463-7
• Pagine: 312
• Dimensioni: 152 mm x 232 mm x 20 mm
• Serie: EU Law in the Member States
• Categorie: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri; LAW / International, LAW / Constitutional, LAW / Comparative, International Law, comparative law, Constitutional & administrative law, Constitutional and administrative law: general