European Union Law: Assignment

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Added on 2020-10-23

European Union Law: Assignment

Added on 2020-10-23

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European Union law

Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1CONCLUSION ...............................................................................................................................5REFERENCES................................................................................................................................5BIBLIOGRAPHY ...........................................................................................................................7

INTRODUCTIONCJEU stands for Court of Justice of the European Union and its role is to ensure that lawis interpreted and applied in every member state of EU in same way along with assuring that allthe countries abide by the EU laws. It consists of two courts: court of Justice and general court.In general terms CJEU is also referred as European court of Justice (EJC). All the membersstates are given state liability under which every nations is responsible for implementation andenforcement of EU law. The EJC has developed a general principle of state responsibility fornon-compliance with EU law. The present reports provide critical analysis of sufficient seriousbreach by EU nations in context of state liability and lack of clarity. MAIN BODYState liability: the European community(EC) has placed the members with state liabilityto private parties as a remedy for the violation of the law of the union. It has been determined bythe EC as general doctrine of them member state's liability in damages for violation of EU laws.Violation of the Eu laws by different bodies of the state engages liability and the stats is heldresponsible for the acts of public bodies or other delegated units to whom stats had givenresponsibility 1. The court in a case stated that the failure to transpose a directive into nationallaw with in the stipulates time frame amount to sufficient serious breach and gives rise to stateliability. The EC have imposed a liability on to the member states as damages in case of violationof any of the law of European union. The principle of state liability is established in Articel 4(03of TEU. This is based on the basic principle of legal orders that national court must protect theright of individuals which are conferred through EU law. The elements of the liability includes:a breach of Eu law, attribute to the member states, causing damages to the individuals. Withestablishment of all these, compensation can be claimed under legal action before the nationalcourt.Sufficient serious breach: It is one of the requirement under the union law for anindividual to obtain a reparation for violation of their legal rights conferred upon on them by EUlaw. Both union and member state can be held liable for the damages caused an individual for thedamages suffered by him/her provisioned that the breach fall under sufficient serious category2.The treaties of EU contains only general provisions relating to the liability for the damages1Neamt, Valentin Paul. "Member States’ liability for judicial error resulting in breaches ofEuropean Union Law."Journal of legal studies17.31 (2016): 64-76.1

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Supremacy and Direct Effects Contributions to the Achievement of CJEU

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Concept of State Liability

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European Union Law: Direct and Indirect Effect, Liability of State

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Article 267 TFEU - Treaty On The Functioning Of The European Union

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Case Discussion: Francovich v. Italy (1991) C-6&9/90

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Direct Effect Doctrine in EU Law

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European Union Law: Assignment