National remedies in the case of violation of EU law by Member State courts

Abstract:

This paper focuses on remedies available under EU law and national laws where there has been violation of Union law by Member States’ supreme courts. It studies the legislative rules and the case law on State liability, retrial and constitutional complaint in the 28 Member States. It also examines whether these remedies are effectively in use and can provide a protection of individual rights at least as good as State liability under the Köbler case law on damages.

It then deals with the question whether it is up to EU law or national laws to determine the remedy available if an infringement of EU law by Member States’ supreme courts occurs. This leads to reconsider the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by Member State courts.