Squaring the Circle of Judicial Protection: EU Liability for Member States’ Collective Action – Some thoughts after Chrysostomides

Chair: Prof. Daniele Gallo (Luiss Guido Carli)

Abstract

Collective Member State action has often recently reached the ECJ and unvariably escaped judicial review (Mallis, the Sharpston cases, the EU - Turkey Statement case, or the recent EMA ruling). Leaving aside the (still) problematic issue of the scope of judicial review, the seminar explores the additional (or alternative) possibility of EU liability through EU damages actions for collective Member State action, taking as the point of departure the reasoning of the General Court in its (quashed) Chrysostomides ruling.

About the Speaker

Sara Iglesias is Professor of EU Law at the Administrative Law Department of the Universidad Complutense of Madrid. She is in-depth Editor at EU Law Live and managing editor of the Revista General de Derecho Europeo. She has been référendaire at the ECJ at the chambers of Advocates General Bobek and Cruz Villalón and has worked for the ECJ's research and documentation directorate. She holds aLL.M. by the Yale Law School, a PhD by the U. Complutense and a B.A. in Political Science by the UNED. She has been visiting scholar at the University of Luxembourg, at the MPIL Heidelberg, at the Radboud University in the Netherlands and the Center of Research and Studies of the Hague Academy of International law. Her latest publications include Fundamental Rights in the EU Area of Freedom, Security and Justice (CUP, 2022, ed. with M. González Pascual) and The Principle of State Liability for Damages Caused to Individuals in EU Law (Aranzadi/Thomson- Reuters, 2022).