This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.
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Book
Noreen O'Meara
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in EU law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Noreen O’Meara., including her assessment of the wider questions raised by the decision.
Book
Noreen O'Meara
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in EU law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Noreen O’Meara., including her assessment of the wider questions raised by the decision.
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.
Chapter
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
This chapter focuses on international environmental law. First, it covers certain old precedents and then examines the emergence and consolidation of environmental principles between 1972 and 2020, with particular attention to the emergence of customary international law norms (prevention, co-operation, environmental impact assessment) in this area. Secondly, it surveys the substance of international environmental law, focusing on climate change as a prominent illustration of law-making in this field, and examining compliance procedures, as developed since the end of the 1980s. Thirdly, it discusses the operation of State responsibility and civil liability mechanisms for environmental harm.
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the circumstances in which Member State liability will arise. The discussions cover the establishment of the principle of State liability; the Francovich test governing the imposition of State liability; the development of the principle of State liability; the Factortame test governing the imposition of State liability; the relationship between State liability and direct effect/indirect effect; and the relationship between State liability and EU liability under Article 340 TFEU.
Chapter
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.
Chapter
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter demonstrates the different mens rea requirements that may be applied to different elements of the actus reus, and also explores the various states of mind which may result in criminal liability. It specifically highlights the mental element in crimes, often known as mens rea, or guilty mind. A person may ‘intend’ the consequence of his act even if he does not necessarily want it to happen, where he knows that the consequence is virtually certain to happen. Evidently, knowledge and belief are closely associated, but knowledge means that the belief is correct whereas a belief may be mistaken. Negligence is the mens rea requirement of some common law offences. A person may be guilty even though they did not know that they were doing wrong.
Chapter
This chapter provides an outline of the elements which determine criminal liability, and of the rules relating to proof of those elements. Liability for an offence requires that the defendant’s outward conduct satisfies the requirements of that offence (ie the actus reus components) and that the defendant’s has the requisite legally blameworthy state of mind (ie the mens rea components). A defendant who satisfies these requirements may nevertheless not be liable for the offence if he has a defence specifically provided for or a efence under the general principles of criminal liability. ctus reus will be considered in more depth in Chapter 3 and mens rea will be considered further in chapter 4. The chapter will conclude by considering the burden of proof that ieeds to be proved to establish criminal liability.
Chapter
This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). In particular, it explores the temporal scope of the European Convention, as well as the Contracting States’ liability for the acts of State-owned enterprises and State agents, and for the acts of international organisations. It discusses the concept of jurisdiction in Article 1 of the Convention, examining the Court’s case-law on extraterritorial jurisdiction and Contracting States’ jurisdiction over breakaway or autonomous regions. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and identifies a number of future problems which may arise as a result of globalisation and technological advancement.
Chapter
This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
Chapter
This chapter examines the main doctrines or principles of EU law. It is divided into three sections. It starts with a discussion on the principle of direct effect and indirect effect, with reference to regulations, directives and international agreements. It then considers the doctrine of supremacy or primacy of EU law with reference to a selection of Member States and the UK. The chapter also considers state liability for breach of EU law, and other remedies.
Chapter
This chapter discusses the ways in which liability for defective products is regulated in tort law and which is primarily regulated by statute. The chapter considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market. However, a claimant may still claim in negligence due to the statutory limitations in relation to certain types of claim.
Chapter
This chapter examines how EU law interacts with national legal systems. It first explains the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to procedures for the national enforcement of EU law and state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
Chapter
Titles in the Complete series combine extracts from a very wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the circumstances in which Member State liability will arise. The discussions cover in depth the establishment of the principle of State liability; the Francovich test governing the imposition of State liability; the development of the principle of State liability; the Factortame test governing the imposition of State liability; the relationship between State liability and direct effect/indirect effect; and the relationship between State liability and EU liability under Article 340 TFEU.
Chapter
Matthew J. Homewood and Clare Smith
This chapter discusses the key concepts within the EU legal order: supremacy, direct effect, indirect effect, and state liability. The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions of national law. If a provision of EU law is directly effective, it gives rise to rights upon which individuals can rely directly in the national court. If an EU measure is not directly effective, a claimant may be able to rely on it through the application of indirect effect, which requires national law to be interpreted in accordance with relevant EU law. State liability gives rise to a right to damages where an individual has suffered loss because a Member State has failed to implement a directive or has committed other breaches of EU law.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Brasserie du Pêcheur SA v Bundesrepublik Deutschland; The Queen v Secretary of State for Transport, ex parte Factortame Ltd and others (‘Factortame III’) (Joined cases C-46/93 and C-48/93), EU:C:1996:79, [1996] ECR I-1029, 5 March 1996. The document also includes supporting commentary from author Noreen O’Meara.
Chapter
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003. The document also includes supporting commentary from author Noreen O’Meara.
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