Two recent judgments respectively of the European Court of Justice and of the European Court of Human Rights contribute to the clarification of the consequences stemming from the adoption of a national judgment violating EU law. In both cases the role of the request for a preliminary ruling is analysed, both in relation to mutual trust as a general principle of EU law and to the right of equitable process as a fundamental human right. There could be a risk of infringement of the right of equitable process in the absence of a referral to the European Court of Justice when it is so required. It could amount also to a violation of (European) public policy limiting the free circulation of judicial decisions in other Member States.
L’obbligo di rinvio pregiudiziale fra responsabilità dello Stato e circolazione della sentenza nell’Unione
MARINO, SILVIA
2015-01-01
Abstract
Two recent judgments respectively of the European Court of Justice and of the European Court of Human Rights contribute to the clarification of the consequences stemming from the adoption of a national judgment violating EU law. In both cases the role of the request for a preliminary ruling is analysed, both in relation to mutual trust as a general principle of EU law and to the right of equitable process as a fundamental human right. There could be a risk of infringement of the right of equitable process in the absence of a referral to the European Court of Justice when it is so required. It could amount also to a violation of (European) public policy limiting the free circulation of judicial decisions in other Member States.
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