ECJ case law and its impact on the evolution of administrative liability; state liability for infringement

• Author: Matefi, R., Musan, M.
• Position: Department of Private Law, Transilvania University of Brasov - PhD Candidate in law
• Pages: 117-120

Bulletin of the Transilvania University of Braşov • Vol. 4 (53) •No. 1 - 2011

Series VII: Social Sciences • Law

ECJ CASE LAW AND ITS IMPACT

ON THE EVOLUTION OF

ADMINISTRATIVE LIABILITY;

STATE LIABILITY FOR INFRINGEMENT

R. MATEFI1 M. MUSAN2

Abstract: Romania’ s accession to the European Union resulted in the

integration of the national legal system into the European legislation, which

has as a main result the modification and adaptation of many legal

institutions for compliance. Both legal rules and practice of supranational

legal courts (ECHR, ECJ) exercised a major influence over the national law,

forcing it to beneficial changes, but the process of harmonisation, of

alignment to the European standards is not yet complete, with important

imperfections (the abundance of unfavourable decisions of the Romanian

state in the European courts confirming this fact).

Key words: responsibility, case law, state liability, infringement.

1 Department of Private Law, Transilvania University of Braşov.

2 PhD Candidate in law.

1. Introduction

The main task of the European Court of

Justice is to ensure that the EU Law is

uniformly interpreted and applied by all

the states of the European Union, recalling

that the international instruments of

protecting human rights are indications

that should be taken into considerations in

the EU law, which has generated

discussions in the doctrine regarding the

possible overlap of competence of the two

European Courts, ECHR and ECJ, as well

as the presure that this overlap could

exercise over the national Courts (Both the

ECJ and ECHR supporting the primacy of

its own where national legislation is

unclear / inconsistent with the provisions

of the EU

ECJ institutes changes in how

administrative law principles are applied in

an EU member state by its own

interpretation of legislative acts, as the

guarantor of the implementation and

enforcement of

law or of European Convention

of Human Rights ).

the law

The jurisprudence component was of

huge importance for the development of

European administrative law. Thus, the

vast majority of general legal principles

recognized today as the EU law as

applicable to the administrative acts, were

drafted by the EU Court of Justice. ECJ

acts primarily as an administrative court -

in terms of continental law - for the

throughout the

Union.

European Union

in order to protect the

legal issues, member states, as well as

individuals.

2. Content

Through its jurisprudence, the European

Court of Justice has established that the

national administrative authorities are

required to ensure full application of EU

law within their areas of competence.