Squaring the circle of judicial protection for collective member state action: The Economic and Monetary Union and beyond

• Autores: Sara Iglesias Sánchez
• Localización: International journal of constitutional law, ISSN 1474-2640, Vol. 22, Nº. 3, 2024, págs. 830-858
• Idioma: inglés
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• Resumen

  • Abstract Member state collective action closely connected with EU law can easily fall through the cracks of the EU system of remedies, since such action cannot be attributed to an EU institution. Setting aside the problematic issue of judicial review—excluded in various recent Court of Justice of the European Union (CJEU) rulings—this article explores the additional (or alternative) possibility of EU damages actions in such situations. Taking as the starting point the ruling on the liability of the Euro Group in Chrysostomides, the discussion that follows centers around the question of whether, in specific situations, member states should be regarded as “EU actors” liable to trigger the liability of the Union. The article argues that there is a solid ground for seriously considering the possibility of EU damages in specific situations where member states have acted collectively.