State Liability for Judicial Decisions Infringing EU Law – the Polish Experience
The liability of Member States for damages caused by the issuance of a judicial decision in breach of EU law has been shaped in the jurisprudence of the CJEU, as a mechanism to ensure effective legal protection of EU citizens. Its primary purpose is to ensure that in a situation where a court of a...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2022-12-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/37496 |
| _version_ | 1797839938292547584 |
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| author | Marcin Michalak Jakub Dębicki |
| author_facet | Marcin Michalak Jakub Dębicki |
| author_sort | Marcin Michalak |
| collection | DOAJ |
| description |
The liability of Member States for damages caused by the issuance of a judicial decision in breach of EU law has been shaped in the jurisprudence of the CJEU, as a mechanism to ensure effective legal protection of EU citizens. Its primary purpose is to ensure that in a situation where a court of a Member State causes damage to a citizen by violating EU laws by its ruling, the citizen has a legal remedy to obtain compensation for such a violation. Based on the principle of procedural autonomy of the Member States, such claims can be asserted on the grounds of national procedural rules under the substantive legal grounds laid down by the CJEU in its case law.
Research conducted by the authors of the article indicates that despite more than 18 years of Poland’s presence in the European Union, it is extremely difficult to find rulings on liability for damages for breach of EU law by Polish courts. It seems that such a state of affairs may be caused by ambiguities and interpretative doubts that arise on the grounds of Polish procedure in the case of claims for damages for breach of EU law by the courts. Both in the doctrine and case law there are far-reaching divergences as to whether the pre-judgment provided for in the Polish Civil Code should apply to claims for breach of EU law, and if so, when it should be applied. These doubts are reflected in the scant judicial case law on the issue in question. It seems that the indicated procedural doubts and lack of clarity as to the proper procedure in pursuing such claims may deter parties from more frequent initiation of proceedings to obtain compensation for breach of EU law by a national courts in the Polish context.
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| first_indexed | 2024-04-09T16:06:16Z |
| format | Article |
| id | doaj.art-5e21f9d2fbc94f45b3e85554fc5603f3 |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-09T16:06:16Z |
| publishDate | 2022-12-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-5e21f9d2fbc94f45b3e85554fc5603f32023-04-25T06:41:29ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762022-12-011410.14746/ppuam.2022.14.07State Liability for Judicial Decisions Infringing EU Law – the Polish ExperienceMarcin Michalak0Jakub Dębicki1University of Gdańsk, Faculty of Law and Administration, Gdańsk, PolandUniversity of Gdańsk, Faculty of Law and Administration, Gdańsk, Poland The liability of Member States for damages caused by the issuance of a judicial decision in breach of EU law has been shaped in the jurisprudence of the CJEU, as a mechanism to ensure effective legal protection of EU citizens. Its primary purpose is to ensure that in a situation where a court of a Member State causes damage to a citizen by violating EU laws by its ruling, the citizen has a legal remedy to obtain compensation for such a violation. Based on the principle of procedural autonomy of the Member States, such claims can be asserted on the grounds of national procedural rules under the substantive legal grounds laid down by the CJEU in its case law. Research conducted by the authors of the article indicates that despite more than 18 years of Poland’s presence in the European Union, it is extremely difficult to find rulings on liability for damages for breach of EU law by Polish courts. It seems that such a state of affairs may be caused by ambiguities and interpretative doubts that arise on the grounds of Polish procedure in the case of claims for damages for breach of EU law by the courts. Both in the doctrine and case law there are far-reaching divergences as to whether the pre-judgment provided for in the Polish Civil Code should apply to claims for breach of EU law, and if so, when it should be applied. These doubts are reflected in the scant judicial case law on the issue in question. It seems that the indicated procedural doubts and lack of clarity as to the proper procedure in pursuing such claims may deter parties from more frequent initiation of proceedings to obtain compensation for breach of EU law by a national courts in the Polish context. https://pressto.amu.edu.pl/index.php/ppuam/article/view/37496judicial decision infringing EU lawstate liabilityEU law |
| spellingShingle | Marcin Michalak Jakub Dębicki State Liability for Judicial Decisions Infringing EU Law – the Polish Experience Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza judicial decision infringing EU law state liability EU law |
| title | State Liability for Judicial Decisions Infringing EU Law – the Polish Experience |
| title_full | State Liability for Judicial Decisions Infringing EU Law – the Polish Experience |
| title_fullStr | State Liability for Judicial Decisions Infringing EU Law – the Polish Experience |
| title_full_unstemmed | State Liability for Judicial Decisions Infringing EU Law – the Polish Experience |
| title_short | State Liability for Judicial Decisions Infringing EU Law – the Polish Experience |
| title_sort | state liability for judicial decisions infringing eu law the polish experience |
| topic | judicial decision infringing EU law state liability EU law |
| url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/37496 |
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