The EU Law breaches arising from national courts adjudicating at last instance can give rise, in certain circumstances, to liability in tort of Member States. The available remedies established in order to ensure compensation for the damages caused to individuals are ruled by domestic law, by virtue of the principle of national procedural autonomy. However, national remedies have to comply with principles of equal availability and effectiveness. The Italian legislation on the judges’ civil liability raises some questions linked to the infringement of EU Law, especially of the principle of effectiveness. This paper analyzes the issues related to the compatibility of the above-mentioned legislation and its judicial application – mainly by the Corte di Cassazione – with the Law of the Union. As a conclusion, this paper underlines the necessity of a reform of the Italian legislation in light of the Court of Justice case-law.
EL PRINCIPIO DE RESPONSABILIDAD DEL ESTADO POR VIOLACIÓN DEL DERECHO DE LA UE DEBIDA A RESOLUCIONES JUDICIALES Y SU DIFÍCIL APLICACIÓN EN EL DERECHO ITALIANO
DI COMITE, Valeria
2014-01-01
Abstract
The EU Law breaches arising from national courts adjudicating at last instance can give rise, in certain circumstances, to liability in tort of Member States. The available remedies established in order to ensure compensation for the damages caused to individuals are ruled by domestic law, by virtue of the principle of national procedural autonomy. However, national remedies have to comply with principles of equal availability and effectiveness. The Italian legislation on the judges’ civil liability raises some questions linked to the infringement of EU Law, especially of the principle of effectiveness. This paper analyzes the issues related to the compatibility of the above-mentioned legislation and its judicial application – mainly by the Corte di Cassazione – with the Law of the Union. As a conclusion, this paper underlines the necessity of a reform of the Italian legislation in light of the Court of Justice case-law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
