Action for Damages in the Case of Infringement of Fundamental Rights by the European Union

Abstract

The EU law recognises damages claims in the case of the violation of fundamental rights by EU institutions. For a long time, only the infringement of the superior (fundamental) norm protecting rights of individuals could give rise to liability of the EU for legislative acts. Currently, such a condition is not expressly required; however, in practice, the character of the norm is taken into account when considering the fulfilment of the conditions for the liability. EU law not only accepts the liability for the infringements of human rights, but the right to make good any damage caused by the EU is recognised as a fundamental right. This study aims to analyse the issue of EU liability for breach of fundamental rights, its evolution in the case law and the EU legislation.