Ainda a propósito da independência do poder judical na União Europeia: revisitando a responsabilidade do estado-juiz por violação do direito da União e suas aplicações na jurisprudência portuguesa

Translated title of the contribution: Still on the independence of the judiciary in the European Union: revisiting the responsibility of the state-judge liability for breach of union law and its applications in Portuguese jurisprudence

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Abstract

Against the backdrop of the rule of law crisis in Europe, the present article discusses the centrality of the principle of judicial independence in the European Union. Aiming to make a connection between the latter guarantee and the rights of European citizens, the article revisits the caselaw of the Court of Justice of the European Union on state liability under EU law due to acts committed by the judiciary. It departs thus from the Kobler judgement to the decision in Ferreira da Silva e Brito, highlighting the main conclusions deriving from said cases on this matter; and analysing afterwards some jurisprudence of high courts in Portugal with the objective of clarifying the impact of said case-law on the national judicial practice.
Translated title of the contributionStill on the independence of the judiciary in the European Union: revisiting the responsibility of the state-judge liability for breach of union law and its applications in Portuguese jurisprudence
Original languagePortuguese
Pages (from-to)26-54
Number of pages29
JournalE-Pública
Volume9
Issue number1
Publication statusPublished - Apr 2022

Keywords

  • Judicial independence
  • State liability
  • Case Köbler
  • Case Ferreira da Silva e Brito e outros
  • Rule of law crisis

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