The theme of “judicial liability in Europe” revolves around the possibility toimpose liability on judges for the infringement of the Community law, in all itsforms, and subsequently to claim damages from them. In recent years, the influence of European and international laws has led to anever-increasing pressure against the immunization and protection from liability thatthe judiciary has so far enjoyed. The liability of judges is therefore an expression ofa fundamental and worldwide change in judicial structures. Exemplary in thiscontext is the jurisprudence of the ECJ, affirming that the EU principle of Stateliability can also be applied to judicial wrongs; furthermore, the EuropeanCommission has, in the past, promulgated the notion that the infringement proceduremay also pertain to acts of the judiciary.
|Title of host publication||Le droit comparé et...Comparative Law and... Actes de la conférence annuelle de Juris Diversitas|
|Number of pages||13|
|Publication status||Published - 2016|
|Name||DROITS, POUVOIRS ET SOCIÉTÉS|