The state liability regime for breach of European Union Law by national courts

Study of the jurisprudence of Court of Justice of the European Union and approximation to the novelties introduced in Law 40/2015, of Public Sector Legal Regime

Abstract

The objective of this paper is to examine the current status of the State liability regime for breach of European Union Law, especially in the field of judicial application of Community Law, examining the impact of the latest rulings of the Court of Justice of the European Union on this issue. On the other hand, the most controversial aspects of the new legislative framework introduced by Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations (hereinafter LPAC), and Law 40/2015 of 1 October, Legal Regime of the Public Sector (hereinafter LRJSP), which has introduced the legal regulation of the State liability of the Public Administration for infringement of European Union Law. For the first time, our legal system deals explicitly with this issue, which, until the regulation introduced in Chapter IV of the Preliminary Title of the LRJSP, was based on the case-law of the Supreme Court in application, in turn, of the case-law of the Court of Justice of the European Union.