The »European Union Member State liability for breaches of Union law« master’s thesis thoroughly examines the aforementioned topic. In the first and second segment it presents the history, legal basis and case-law which affected the development of the general principle of state responsibility for breaches of EU law and it focuses on the established case-law of the Court of Justice of the European Union in cases Francovich, Brasserie du Pêcheur/Factortame III and Köbler, as well as, summarizes the most recent case-law in the area concerned.
The third segment focuses on the actual useful value by examining the extent to which the conditions laid down in the case-law of the Court of Justice of the European Union are applicable to national courts and to what extent they actually apply to them. The emphasis is placed primarily on the decisions of the Slovenian courts.
The fourth segment discusses the comparison with the related institute – the non-contractual liability of the EU institutions for breaches of EU law. The comparison focuses on three points: the legal basis, the development of the institute and the current regulation.
The last and concluding segment of the master’s thesis is dedicated to raising new issues concerning the Member States liability for the breaches of EU law. The new issues refer primarily to the future development or decline, the challenges that the application of the institute will bring and its evaluation in the light of the problem of the internalization in the consciousness of the citizens and judges of the EU.
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