Res Judicata in European Law

A Multi-Faceted Principle in a Multilevel Judicial System

Araceli Turmo

39.00 EUR

Publisher: EU Law Live Press

Published: 02/03/2023

Language: English

Paperback: 185 pages

ISBN: 978-84-123589-3-3

Item Weight: 1 kg


Delivery & Returns

The concept of res judicata was introduced into European Community law very early on by the European Court of Justice and it remains an essential component both of EU procedural law and of the interactions between national procedural systems and EU law. It is a fascinating example of the influence of comparative law on the ECJ and of this institution’s normative powers. It is also at the heart of many conflicts with national courts, as EU law requires restrictions to national understandings of the scope of rules ensuring the finality of judicial decisions. Several recent judgments of the ECJ demonstrate that the issue remains important but also that litigants - and sometimes the Court itself - are not sufficiently aware of the rules established in the case law. A well-known and fundamental characteristic of any procedural system, this concept remains under-studied in EU law.

This book aims to provide practitioners and scholars with a detailed analysis of the nature, forms and functions of res judicata in the EU legal order, both as it applies within EU procedural law and with regard to EU law’s impact on domestic rules. It includes a systematic presentation of the EU Courts’ case law, explains the detailed procedural rules constructed by the Courts and suggests interpretations or clarifications where the rules are less well-established. It puts EU law into perspective through a comparative analysis, delving into the sources of the terminology and types of reasoning used by the Courts. The book also explains the distinction and relationship between res judicata and concepts such as the finality of judgments, ne bis in idem or precedent in EU law. It hopes to provide a reference point on the topic of res judicata in EU law, but also to be a starting point for further analysis and discussions on an important aspect of the EU judicial system.

Araceli Turmo is associate professor (maîtresse de conférences) in EU Law at the University of Nantes, France. She completed her PhD on Res Judicata in European Union law at the Université Panthéon-Assas (Paris II) in 2016. She teaches EU institutional, procedural and substantive law at undergraduate and graduate levels. Her main areas of research are European Union procedural law and European criminal procedure. She has also wri en extensively on other aspects of EU law, including European citizenship, fundamental rights and the European asylum policy.

She is a member of the editorial boards of EU Law Live and of the Revista de Derecho Comunitario Europeo.

I. Table of Contents
II. List of Abbreviations
A note on translation
Chapter 1. Introduction
1.1. A short introduction to res judicata
1.2. Introduction to the following chapters
Chapter 2. The Specific Nature of Res Judicata in the EU Legal System
2.1. The sources and origins of res judicata in EU law
2.2. The nature of res judicata in EU law
2.3. The scope of res judicata in EU law
Chapter 3. The Constitutional Basis for Res Judicata in EU Law
3.1. Legal certainty: res judicata as a guarantee for stability within the legal system
2.1.1. Legal certainty as the basis for the EU’s doctrine of res judicata
2.1.2. Legal certainty and the EU law rules protecting res judicata
3.2. Fundamental rights: res judicata as a guarantee for the rights of litigants
3.2.1. Res judicata as a tool to ensure the judicial protection of litigants
3.2.2. Res judicata and effective judicial protection in EU law
3.2.3. Res judicata and ne bis in idem
Chapter 4. National Res Judicata in the Judicial System of the EU
4.1. National res judicata in the EU judicial system
4.1.1. National res judicata in the preliminary reference procedure
4.1.2. National res judicata and the enforcement of EU law
4.2. National res judicata and exceptions to procedural autonomy
4.2.1. A recognition of the importance of res judicata in national legal orders
4.2.2. Restrictions of res judicata justified by effectiveness
Chapter 5. Res Judicata as a Basis for Inadmissibility
5.1. Preclusion: the traditional function of res judicata
5.1.1. The introduction of the negative function as the core of res judicata in EU law
5.1.2. The identification of res judicata within the decisions of EU Courts
5.1.3. The procedural conditions for the enforcement of the objection of res judicata before EU Courts
5.1.4. Other manifestations of the negative function of res judicata before EU Courts
5.2. The three criteria of identity
5.2.1. The first requirement: identical parties
5.2.2. The second and third requirements: identical disputes
Chapter 6. Res Judicata as a Form of Evidence
6.1.The varied functions of res judicata in EU procedural law
6.1.1. To ensure the stability of legal relationships
6.1.2. To manage relations between legal orders
6.2. Pleas based on violations of res judicata
6.3. Res judicata and exceptional review procedures
6.3.1. The revision of judgments
6.3.2. Third-party proceedings
Chapter 7. Res Judicata and Judicial Review
7.1. The concept of ‘absolute’ res judicata in EU law
7.2. The extended scope of res judicata of annulment judgments
7.2.1. The scope of absolute res judicata in EU law
7.2.2. Res judicata and the dismissal of actions for annulment
7.3. Res judicata and objections of illegality
Chapter 8. Res Judicata and Preliminary References
8.1. The role of res judicata in preliminary references as a multilevel procedure
8.2. Res judicata and the impact of preliminary rulings on other courts
9. Concluding remarks
Table of Case Law
1. Court of Justice
2. Advocate General Opinions and Views
3. General Court
4. Civil Service Tribunal