The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland
The focus of this thesis is the principle of State liability for judicial infringements and the relationship between this principle and the effective judicial protection of individuals from the point of view of the principle of procedural homogeneity in EU and EEA law. The EFTA Court case of Kolbein...
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ftskemman:oai:skemman.is:1946/13082 2023-05-15T16:49:42+02:00 The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland Sigrún Ingibjörg Gísladóttir 1988- Háskóli Íslands 2012-06 application/pdf http://hdl.handle.net/1946/13082 en eng http://hdl.handle.net/1946/13082 Lögfræði EFTA dómstóllinn Evrópuréttur Skaðabótaábyrgð Thesis Master's 2012 ftskemman 2022-12-11T06:50:20Z The focus of this thesis is the principle of State liability for judicial infringements and the relationship between this principle and the effective judicial protection of individuals from the point of view of the principle of procedural homogeneity in EU and EEA law. The EFTA Court case of Kolbeinsson will be used as a base for exploring this topic in EEA law. In chapter one, the role of courts in EU and EEA law will be examined in order to determine the effects they have had on shaping the European legal order. The Advisory Opinion procedure between national courts and the EFTA court will be studied in particular, to determine whether the procedure is fully optional. This will be followed by an account of the development of the principle of State liability in EU law in chapter three and the effects that the principle has had on ensuring compliance with EU law. The case of Köbler will be studied in particular with respect to the effective judicial protection of individuals. Following this, the principle of State liability for breaches of EEA law will be examined in chapter four and likewise the effect that the principle has had on ensuring compliance with EEA law. The case of Kolbeinsson will be analysed in detail and the possibility of establishing the principle of State liability for judicial breaches of EEA law, particularly from the point of view of Iceland. Finally, in chapter five, the effective judicial protection of individuals in EEA law will be examined from the point of view of the principle of effective judicial protection, procedural homogeneity, access to justice and the effectiveness of EEA law. This will be done in order to demonstrate that the case of Kolbeinsson indicates that courts cannot stretch EEA law further to ensure homogenous protection of rights in EU and EEA law through the principle of State liability and if individuals are to enjoy effective judicial protection and access to justice in EEA law, reforms are inevitable in the EEA legal order. Thesis Iceland Skemman (Iceland) |
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Skemman (Iceland) |
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ftskemman |
language |
English |
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Lögfræði EFTA dómstóllinn Evrópuréttur Skaðabótaábyrgð |
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Lögfræði EFTA dómstóllinn Evrópuréttur Skaðabótaábyrgð Sigrún Ingibjörg Gísladóttir 1988- The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
topic_facet |
Lögfræði EFTA dómstóllinn Evrópuréttur Skaðabótaábyrgð |
description |
The focus of this thesis is the principle of State liability for judicial infringements and the relationship between this principle and the effective judicial protection of individuals from the point of view of the principle of procedural homogeneity in EU and EEA law. The EFTA Court case of Kolbeinsson will be used as a base for exploring this topic in EEA law. In chapter one, the role of courts in EU and EEA law will be examined in order to determine the effects they have had on shaping the European legal order. The Advisory Opinion procedure between national courts and the EFTA court will be studied in particular, to determine whether the procedure is fully optional. This will be followed by an account of the development of the principle of State liability in EU law in chapter three and the effects that the principle has had on ensuring compliance with EU law. The case of Köbler will be studied in particular with respect to the effective judicial protection of individuals. Following this, the principle of State liability for breaches of EEA law will be examined in chapter four and likewise the effect that the principle has had on ensuring compliance with EEA law. The case of Kolbeinsson will be analysed in detail and the possibility of establishing the principle of State liability for judicial breaches of EEA law, particularly from the point of view of Iceland. Finally, in chapter five, the effective judicial protection of individuals in EEA law will be examined from the point of view of the principle of effective judicial protection, procedural homogeneity, access to justice and the effectiveness of EEA law. This will be done in order to demonstrate that the case of Kolbeinsson indicates that courts cannot stretch EEA law further to ensure homogenous protection of rights in EU and EEA law through the principle of State liability and if individuals are to enjoy effective judicial protection and access to justice in EEA law, reforms are inevitable in the EEA legal order. |
author2 |
Háskóli Íslands |
format |
Thesis |
author |
Sigrún Ingibjörg Gísladóttir 1988- |
author_facet |
Sigrún Ingibjörg Gísladóttir 1988- |
author_sort |
Sigrún Ingibjörg Gísladóttir 1988- |
title |
The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
title_short |
The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
title_full |
The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
title_fullStr |
The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
title_full_unstemmed |
The Saga of Þór Kolbeinsson. Challenges of Imagining State Liability for Judicial Infringements of EEA Law in Iceland |
title_sort |
saga of þór kolbeinsson. challenges of imagining state liability for judicial infringements of eea law in iceland |
publishDate |
2012 |
url |
http://hdl.handle.net/1946/13082 |
genre |
Iceland |
genre_facet |
Iceland |
op_relation |
http://hdl.handle.net/1946/13082 |
_version_ |
1766039906977579008 |