Publication details
Právní moc rozsudků Soudního dvora EU
| Title in English | The Force of Res Judicata of Judgments of the EU Court of Justice |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Res judicata; EU Court ofJustice; Decisions of the EU Court of Justice; Effects of Judgments; European Procedural Law |
| Attached files | |
| Description | The paper deals with in the Czech Republic rather neglected topic which is the force of res judicata of EU Court of Justice judgments. It outlines the objective that res judicata serves in European procedural law; when looking for the precise regulation of res judicata in the positive EU law it finds out that there is none, the conclusions of the article therefore come from the analysis of the case law. Furthermore, on basis of the case law of the Court of Justice the preconditions for the force of res judicata and its effects are described as are the exceptions to it. Attention is paid also to the functioning of res judicata in special instances, specifically in judgments given in annulment proceedings and in preliminary references. |