Understanding Civil Liability and EU Law: Expert Insights
Explore the intricacies of civil liability in the context of EU law with expert Judge Nikolay Angelov. Delve into topics such as direct effect, breach reactions, liability conditions, and more through informative Q&A sessions. Gain valuable knowledge on principles, procedures, and criteria for civil liability within the EU legal framework.
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Presentation Transcript
EJTN Training on State Liability 20-21 September 2022 SESSION TITLE:Questions and answers EXPERT NAME:NIKOLAY ANGELOV, JUDGE AT ADMINOSTRATIVE COURT SOFIA CITY With financial support from the Justice Programme of the European Union
Q&A The principles of direct effect,and primacy in application of the Civil Liability are discovered by: A/National courts B/ EU Parliament C/CJEU 2
Q&A What is the reaction against breach of EU Law A/State liability or infringement procedure before CJEU B/National legal regimes C/National legislative procedures 3
Q&A Conditions of the Civil Liability A/objective- no fault and only after a judgement finding violation in question B/intentional and proof beyond reasonable doubt C/objective- no fault and no need of a judgement finding violation in question 4
Q&A Civil liability damages must: A/have a casual link with the wrong and damage may be loss of profit B/ have a casual link with the wrong and damage can t be loss of profit C/only loss of profit 5
Q&A Civil Liability is applicable: A/ for the acts and omissions of legislative and administrative powers B/only for the acts of judiciary power C/for the acts and omissions of legislative, judiciary and administrative powers 6
Q&A National civil liability procedures are: A/Independent from EU Law procedures B/Similar to EU Law procedures C/ can t be less favorable either for the application of law or for exercise of the rights than similar MS procedures 7
Q&A Criteria for civil liability? A/Rule,confering rights;breach- sufficiently serious;direct causal link B/ Rule,connected with rights;causal link C/ sufficiently serious breach; direct causal link 8
Q&A No civil liabilty when last instance court doesn t refer to CJEU for preliminary ruling A/question,irrelevant for the resolution of the dispute B/Provision,was interpreted by the CJEU C/ obvious implementetion- no reasonable doubt D/ both A,B and C 9
Thank you! With financial support from the Justice Programme of the European Union
