Notes on the autorithy of res iudicata in the European Court of Justice case law

  • Joaquín Sarrión Esteve Universidad Nacional de Educación a Distancia
DOI: https://doi.org/10.18543/ced-65-2021pp133-160
Keywords: res iudicata, legal certainty, primacy, EU law effectiveness

Abstract

The principle of legal certainty has, as one of its characteristic manifestations, within the rule of law, the force of res judicata that is attributed to the final judgements or equivalent resolutions, which imply that it is not impugnable and also its potential influence on other cases with a connection to the matter already settled. However, it is possible that these final judicial decisions of national judges, for various reasons (error, omission, a manifestly contrary interpretation, etc.) violate the European Union law and, therefore, affect both its primacy and effectiveness in the relations with national legal systems. The European Court of Justice had the opportunity to confront the dilemma of balancing the principle of res judicata with the primacy and effectiveness of EU law in several cases. This work aims to develop an approximation and review of the most important cases related to this balance until today.

Received: 09 November 2020
Accepted: 17 May 2021

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Author Biography

Joaquín Sarrión Esteve, Universidad Nacional de Educación a Distancia

Degree in Law with Extraordinary Award from the University of Valencia. PhD in European Union Law by the University of Bologna since 2011 (Award Award of Royal Academy of Spanish Doctors). Master in European Union by the UNED. Actually is Ramóny Cajal Senior Research Fellow at UNED, where he also teaches Constitutional Law and works as General vicesecretary in legal issues. He participates in several national and international research groups. Author of several publications and research works, he won several research awards as the International Law Award ISDE&FIA (2012), the Pastor Delgado Hernandez Award in Human Rights (2012), and the IInd International Award Joaquín Ruiz Giménez in Human Rights (Gregorio Peces Barba Foundation, 2011).

Published
2021-09-23
How to Cite
Sarrión Esteve, Joaquín. 2021. “Notes on the Autorithy of Res Iudicata in the European Court of Justice Case Law”. Deusto Journal of European Studies, no. 65 (September), 133-60. https://doi.org/10.18543/ced-65-2021pp133-160.
Issue
No. 65 (2021)
Section
Articles

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