Sufficiently Serious Breach in EU Law: Balancing Vagueness and Legal Certainty
Sufficiently Serious Breach in EU Law: Balancing Vagueness and Legal Certainty
Author(s): Ondřej Pavelek, Karel MarekSubject(s): Political Sciences, Public Law, Philosophy of Law, EU-Legislation, Comparative Law, Administrative Law
Published by: Univerzita Palackého v Olomouci
Keywords: EU law; sufficiently serious breach; non-contractual liability; Court of Justice of the European Union (CJEU); legitimate expectations; vagueness in legal terms; scope of discretion; legal certainty;
Summary/Abstract: The concept of a “sufficiently serious breach of law” is crucial in EU law for determining non-contractual liability and securing compensation for damages. Its vagueness allows for broad interpretation, granting courts flexibility but also introducing challenges to predictability and the principle of legitimate expectations. This article examines the term's ambiguity, analyzing its adaptability within the EU's complex legal system and its contribution to legal uncertainty. Through an analysis of CJEU case law, the article clarifies the methodological approach to identifying a sufficiently serious breach, identifying criteria such as the scope of discretion, clarity of regulations, and excusability. The study addresses gaps in current literature by offering a comprehensive view beyond isolated case analyses, aiming for clarity on the term's evolving interpretation and its impact on CJEU decision-making.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 11/2024
- Issue No: 1
- Page Range: 300-316
- Page Count: 17
- Language: English
