EU-Law Limiting of the Principle of State Liability and of Member State Limitation Periods for Actions - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 12, 2 (2023) 201–210

DOI: 10.47745/AUSLEG.2023.12.2.12

Abstract. This paper analyses key legal issues arising from a Romanian legal dispute involving the principles of EU law, particularly focusing on the compatibility of national procedural rules with the obligations under EU directives. The case, centred on a judgment by the Romanian Supreme Court that imposed imprisonment, highlights potential conflicts with Directive 2016/343 and Directive (EU) 2012/13. Central to the discussion are two challenges: the expiry of national limitation periods for claims and the requirement under Romanian law to establish the unlawfulness of a judicial decision before filing claims for damages. The study evaluates exceptions to the principle of legal certainty as established in key judgments by the Court of Justice of the European Union (CJEU), including the Emmott, TK UL VM, and Călin cases. It explores whether these exceptions allow individuals to overcome procedural obstacles that hinder their ability to assert rights under EU law. Additionally, the paper examines the ‘Köbler principle’, which holds Member States accountable for breaches of EU law stemming from judicial acts, emphasizing that such liability does not annul the principle of res judicata. The analysis reveals that while EU law generally respects national limitation periods, it mandates exceptions where procedural rules render it impossible or excessively difficult to enforce rights arising from EU law. The study concludes that national courts must disregard procedural rules that contravene the principles of effectiveness and state liability under EU law, even in cases involving res judicata. The findings contribute to the broader discourse on the interaction between national legal frameworks and EU law, particularly in ensuring effective judicial protection and safeguarding individual rights.

Keywords: EU law, state liability, legal certainty, limitation periods, res judicata