Titlebook: State Liability for Breaches of European Law; An economic analysis Bert Roosebeke Book 2007 Gabler Verlag | Springer Fachmedien Wiesbaden G

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Substantive Aspects of Private Enforcement: Deterrence by Damage Compensation?ing European law. Part IV discussed the usefulness of this approach vis-à-vis a more public approach and some practical, procedural problems that do arise with it. This chapter moves one step further in examining exactly how deterrence with monetary means could (not) function against democratic states.

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Introducing Normative Law and Economics: Searching for an Aim of State Liability LawIn the preceding parts, it was explained why, if at all, Member States might breach European legislation they voluntarily approved of. Also, existing legal remedies on both the private and the public level coping with this breaching were discussed.

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Substantive Aspects of Public Enforcement: Deterrence by Fines?Advocate-General Geelhoed. as well as Advocate-General Damaso Ruiz-Jarabo Colomer. recall that the fine foreseen for in article 228 is not designed to act as a penalty but to encourage the defaulting Member State to step back into line. The amount should be in proportion to the scale of the offence and enough to act as a ..

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Basics of the European Unionice (2002). These are to be ratified by the Member States’ national parliaments. They have direct effect. ., meaning that this supra-national law becomes legislation that is to be applied before national courts by national judges.

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Treating Breaches: The Law’s and the Court’s Answerology for any more”. or title them “Once more unto the Breach”.. This chapter aims at providing an in-depth analysis of the primary legislation as well as of the European Court of Justice’s jurisprudence on the matter of non-contractual liability of Member States.

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Basics of the European Unionended by the Single European Act (1987), the Treaty on European Union - ‘Maastricht Treaty’ (1992), the Treaty of Amsterdam (1997) and the Treaty of Nice (2002). These are to be ratified by the Member States’ national parliaments. They have direct effect. ., meaning that this supra-national law beco