Comparing Supremacy: Sovereign Immunity of States in the United States and Non-Contractual State Liability in the European Union

65 Pages Posted: 9 Feb 2011 Last revised: 1 Jul 2011

See all articles by Jose A. Gutierrez-Fons

Jose A. Gutierrez-Fons

Queen Mary University of London, School of Law

Date Written: November 17, 2009

Abstract

Troughout a comparative study of the case-law of both courts, the purpose of this article is to provide an explanation as to why the US Supreme Court and the European Court of Justice (ECJ) have given different answers to the same question, namely whether private individuals may claim damages against States for violation of their federal/EU rights.

Keywords: Sovereign immunity, State liability, European Union

Suggested Citation

Gutierrez-Fons, Jose A., Comparing Supremacy: Sovereign Immunity of States in the United States and Non-Contractual State Liability in the European Union (November 17, 2009). Penn State International Law Review, Vol. 28, No. 2, 2009, Available at SSRN: https://ssrn.com/abstract=1758493

Jose A. Gutierrez-Fons (Contact Author)

Queen Mary University of London, School of Law ( email )

Mile End Road
London, London E1 4NS
United Kingdom

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