Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-22T16:57:58.256Z Has data issue: false hasContentIssue false

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)