Two Lectures on Legal Remedies – on Concept of Legal Remedies and Their Place in the Framework of Private Actions at the CJEU

Jaanika Erne |

This Friday (3 December 2010 at 10-13) I am reading two lectures on legal remedies in EU law to the Estonian lawyers at the National Library of Estonia (Main Conference Hall has been booked, although the topic is not that novel). As it could be useful to introduce the scientific  concept of remedies because the term has been and is used unsystematically, and as changes have been made to the CJEU’s actions system, it could be wise to fill the lectures in the following way:

I Lecture: Concept of Legal Remedies

The term “remedy” in the Estonian legal language (conclusions based on the works of lawyers, legal acts, case law of the Estonian Supreme Court). The academic understanding of the term “legal remedy” (historical development – cure (reparation) as remedy, substantial law as remedy (repetition of substantive law in remedy, repetition of contractual rights, law as a basis for different claims, the relation between legal principles and legal remedies)). Classification of judicial remedies. Why isn’t a plea (also an action) a remedy? Coercive remedy as response to coercive action. Declaratory remedy as response to declaratory action. Constitutive remedy as response to constitutive action. Non-judicial remedies. Judicial and non-judicial remedies in EU law.

II Lecture: Remedies as Response to Private Actions in the CJEU

Direct actions by natural and private legal persons against EU institutions: the action for annulment, the action for failure to act, the action for damages, civil service action. Actions for infringement of EU law by Member States: the Commission’s action of infringement, the other state’s action of infringement, the Commission’s action for fulfilment. Indirect actions in the CJEU: the plea of illegality, the application for damages, the application for interim measures, the request for preliminary ruling, appeal to the Court of Justice on the decisions given by the General Court, appeal to the General Court on the decisions given by the Civil Service Tribunal. Relation between non-judicial remedies and actions (the Commission’s supervisory role in competition and state aid cases).