Izvorni znanstveni članak
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.1
State Liability for Breaches of EU Law: The Three Dimensions of Public Authority and the Effectiveness of Judicial Protection
Gian Antonio Benacchio
; Università di Trento, Italia
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* Dopisni autor.
Sažetak
This paper analyses the development of the principle of Member State liability for breaches of EU law as a key instrument for ensuring the effectiveness of rights derived from the Union legal order. Building on the distinction between public and private enforcement mechanisms under EU law, the author examines the conditions governing State liability as developed in the case law of the Court of Justice of the European Union and proposes their systematic interpretation through the three institutional dimensions of public authority: The State as legislator, the executive, and the judiciary. The analysis demonstrates how the institution of damages has gradually reshaped the relationship between EU law and national legal orders, influencing not only legislative and administrative action but also the judicial function and the dialogue between courts. Particular attention is devoted to the limits of the procedural autonomy of the Member States, the principles of equivalence and effectiveness, and the role of State liability as a decentralised mechanism for the enforcement of EU law. The paper concludes that State liability is not merely a compensatory remedy but also a systemic, almost constitutional, instrument for ensuring the uniform application of European Union law without institutional centralisation.
Ključne riječi
State liability; legislative liability; judicial liability; damages.
Hrčak ID:
350937
URI
Datum izdavanja:
15.9.2026.
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