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Res Judicata in the Court of Justice Case-Law

Balancing Legal Certainty with Legality

Published online by Cambridge University Press:  18 December 2007

Abstract

Forms of res judicata – Unwritten principle of EU law – National procedural autonomy v. EC supremacy – Revision of decisions v. state liability – Finality of administrative decisions v. judicial decisions – Higher respect for judicial decisions than for administrative decisions – Res judicata not absolute – ECJ itself under demands of legal certainty – Analogy between res judicata rules and rules of direct and indirect effect.

Type
Articles
Copyright
Copyright © Asser Press 2007

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