Odpovědnost členského státu Evropské ume za akty moci soudní
Member states' responsibility for judicial power acts

Summary/Abstract: The aim of this article was to draw attention to the fact that there are fundamental changes in the law of national courts in Community law. Following the case of Köbler v. Austria and, where appropriate, the cases of Commission v. Italy and Kühne & Heinz, the courts of the Member States will in future be held liable for their errors in the application of Community law. Thus, immediately after their transformation into Community courts, the Czech courts could be exposed to a double check of the correctness of the application of Community law in their decision-making activities. In individual cases, these would be individuals with possible claims for damages under the responsibility of a Member State. The Commission could respond to systematic and repeated breaches of Community law by Czech courts by initiating infringement proceedings. We therefore believe that it is time to abandon the myths of a safe wind and the limited impact of the Czech Republic's accession to the European Union on the day-to-day work of the Czech courts. The European Union is no longer a safe place for national judges unfamiliar with Community law.

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