Valstybių narių atsakomybė pagal EB teisę

Abstract

The aim of this paper is to analyse the principle of member state liability for breaches of Community law. In the thirst chapter the author concentrates on the most importan aspects of this principle: the origins of member state liability principle in cases Francovich and Brasserie du Pecheur, the direct effect and supremacy of Community law, the question if member states can be held liable for breaches of international agreements, concluded by the Community. The second chapter describes the procedure, which is applied when the Commission or another member state helds one or more member states responsible for the breach of Community law and appeals to the Court of Justice (ECJ). It is also discussed the power of the decision of the Court of Justice and how member states must comply with it. This chapter raises a problem of how to make defendant member state comply with the decision. In the third chapter tha author examines the most freaquent and most important breaches of Community law: non implementation of directives, implementation of regulations, the breaches of national courts, illegal State aid. This chapter also describes defendant state defences, which the ECJ doesn‘t consider appropriate. The aim of the last chapter is to analyse the right of private individuals to seek compensation in national courts, which apply national law, for damages, caused by the defendant member state, when it breached the Community law.