The theme of “judicial liability in Europe” revolves around the possibility to impose liability on judges for the infringement of the Community law, in all its forms, and subsequently to claim damages from them. In recent years, the influence of European and international laws has led to an ever-increasing pressure against the immunization and protection from liability that the judiciary has so far enjoyed. The liability of judges is therefore an expression of a fundamental and worldwide change in judicial structures. Exemplary in this context is the jurisprudence of the ECJ, affirming that the EU principle of State liability can also be applied to judicial wrongs; furthermore, the European Commission has, in the past, promulgated the notion that the infringement procedure may also pertain to acts of the judiciary.
VANNI DI SAN VINCENZO, D. (2016). JUDICIAL LIABILITY IN EUROPE. In A. ALBARIAN, O. MORETEAU (a cura di), Le droit comparé et...Comparative Law and... Actes de la conférence annuelle de Juris Diversitas (pp. 257-269). MARSEILLE : PRESSES UNIVERSITAIRES D'AIX - MARSEILLE.
JUDICIAL LIABILITY IN EUROPE
VANNI DI SAN VINCENZO, Domitilla
2016-01-01
Abstract
The theme of “judicial liability in Europe” revolves around the possibility to impose liability on judges for the infringement of the Community law, in all its forms, and subsequently to claim damages from them. In recent years, the influence of European and international laws has led to an ever-increasing pressure against the immunization and protection from liability that the judiciary has so far enjoyed. The liability of judges is therefore an expression of a fundamental and worldwide change in judicial structures. Exemplary in this context is the jurisprudence of the ECJ, affirming that the EU principle of State liability can also be applied to judicial wrongs; furthermore, the European Commission has, in the past, promulgated the notion that the infringement procedure may also pertain to acts of the judiciary.
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