Effective judicial protection and State liability in EU law. Implications for the Macedonian judiciary
PhD student: Mrs B. Babunska
Promotors: Mrs Prof S. Prechal, Dr A. van den Brink
Duration: 1/6/2010 - 31/5/2016
PhD defence: Utrecht, 12/4/2019
In my thesis I deal with the safeguard of the EU individual rights in front of the national courts of the EU Member States. I explore the issues of national and EU remedies and procedures, restrictions of the application of national procedural and remedial rules by the EU law requirements of effectiveness and effective judicial protection. The extent and the intensity of the impact of the EU legal order on the national procedural and remedial autonomy of the Member States as well as the competences of the national courts and their ( unfounded) empowerments on the part of the CoJ( setting aside of national rules, consistent interpretation...) are considered with great caution . With regards to the remedies, my focus chiefly rests on the principle of State liability and compensation for damage suffered due to the Member States breach of EU law obligations. The thesis is supposed to be wound up with the anticipated implications of the EU law for the Macedonian judiciary, with regards to the EU law principle of State liability following Macedonias accession into the EU.