Res judicata of national judgments incompatible with EU law: Time for a major rethink?

Publishers Abstract:

There is currently much uncertainty about the extent to which EU law can affect national rules on res judicata. The reason for this is the mainly casuistic approach which has so far prevailed both in the case law and in the doctrine. This article puts forward a new framework for examining the matter.

It argues, in essence, that EU law can - and should - impose, on the one hand, stricter limits on the authority of res judicata of national judgments incompatible with EU law and, on the other hand, allow retrial in certain circumstances for the purpose of remedying a violation of that law.

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