Consideraţii privind răspunderea magistraţilor în jurisprudenţa Curţii de Justiţie a Uniunii Europene
Considerations regarding the liability of the magistrates in the jurisprudence of the European Union Court of Justice

Summary/Abstract: The involvement of states in international public law connections raises problems regarding their liability. The liability of the state may be imposed if the state has breached an international law, by its representative, even if we speak of a legislative, executive or legal one. This problems concern both jurists and public opinion. Without commenting the opinions already published in the mass-media, we want to analyse from a legal point of view the problem of state liability, as it is treated by the European Union Court of Justice. Afterwards, we will try to answer the question regarding the possibility of the existance of liability of the magistrates for decision of the EUCJ where the state is sanctioned. Given these arguments, our presentation contains brief considerations regarding the general conditions for imposing the liability of the state in EU law, followed by a more detailed analysis of the EUCJ jurisprudence on the subject of state liability for the activity of its courthouses and legal establishments.

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