This EJTN webinar will focus on the European regime of civil liability of Public Authorities. The Court of Justice of the European Union has developed a general principle of state liability for damages due to non-compliance with EU law. This liability derives from the responsibility of EU Member States for the implementation and enforcement of EU law (Article 4(3) TEU). Its scope includes violations of EU law by political bodies, the public administration, and the courts of a Member State. The CJEU’s case law determined the elements of liability, which include: (i) a breach of EU law; (ii) attributable to the Member State; (iii), which causes damage to an individual. In the case of liability for acts of the courts of the Member State, the elements described have some specificities. If these elements are established, compensation for violations of rights granted to individuals by EU law may be claimed in a legal action before the national courts of the Member States. The principle of national procedural autonomy and its’ exceptions is applicable to the procedures for claiming damages from the state.
Additionally, the case law of the European Court of Human Rights on ‘just satisfaction’ (Article 41 of the European Convention of Human Rights) also warrants close attention and will be discussed.
Bearing this in mind, the intended main learning outcomes of the webinar are: (i) to identify and describe the principle of state liability for damages due to non-compliance with EU law; (ii) to recognize and to differentiate the elements of liability of a Member State; (iii) to analyse the role of national courts in the procedure of compensation for the damages; (iv) to assess the application of the principle of national procedural autonomy and its’ exceptions to the national law; and, finally, (v) to understand the case-law of the European Court of Human Rights on ‘just satisfaction’.
Primarily Level – although not exclusively – for Administrative and Civil Law Judges
Application Process and number of Participants:
Deadline for applications:
By the 16th of September, interested participants can register directly in the EJTN Online System of Participants (OSP) via the link here.
Registered participants will receive the link to access the respective webinar room via e-mail by the 20th of September 2021.
The webinar is scheduled on the 21st of September at h 10.00 Brussels time for 1h and 30 minutes as follows:
- 15 minutes introduction
- 45 minutes presentation
- 30 minutes for questions and answers
Mr Rui Tavares Lanceiro, Assistant Professor at the University of Lisbon, Portugal
Mr. Fernando Duarte, Judge at the Administrative Court of Appeal of Oporto and Trainer at the Judicial School of Lisbon and Mr. Georgios Klis, Junior Project Manager at the European Judicial Training Network – EJTN
Power Point Presentation