The principle of member states’ liability for infringement of EU law by national courts’ rulings and the problems arising from its application in the Italian legal system

Authors

  • Valeria di Comite

Keywords:

Liability of Member States for infringements of EU Law by national courts adjudicating at last instance, dialogue between National Courts and the Court of Justice, italian legislation on civil liability of judges, liability limited to cases of intentional

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.

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Issue

No. 47 (2014): enero-abril

Section

STUDIES

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