State Liability under EU Law: The Role of the Court of Justice of the European Union as a Legal Pathfinder

Abstract

This essay critically examines the evolution of state liability under EU law, emphasizing the pivotal role of the Court of Justice of the European Union (CJEU). It delves into the jurisprudential developments starting from early cases like Humblet and Commission v Italy, leading to landmark rulings such as Francovich and Factortame. The essay explores the dynamic interplay between EU law and member state legislation, scrutinizing the implications of CJEU decisions on the principle of state liability. This analysis reveals the Court’s significant influence in shaping state liability, highlighting its contributions to enforcing EU directives and protecting individual rights within the EU legal framework. The essay concludes by reflecting on the CJEU’s role in balancing national legal idiosyncrasies with the overarching objectives of European integration and legal uniformity.

Keywords: State liability, CJEU, EU law and member state legislation