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European Constitutional Law Review (1)

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Res Judicata in the Court of Justice Case-Law: Balancing Legal Certainty with Legality
Xavier Groussot, Timo Minssen
Journal:

European Constitutional Law Review / Volume 3 / Issue 3 / October 2007

Published online by Cambridge University Press:

18 December 2007, pp. 385-417

Print publication:

October 2007
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Forms of res judicata – Unwritten principle of EU law – National procedural autonomy v. EC supremacy – Revision of decisions v. state liability – Finality of administrative decisions v. judicial decisions – Higher respect for judicial decisions than for administrative decisions – Res judicata not absolute – ECJ itself under demands of legal certainty – Analogy between res judicata rules and rules of direct and indirect effect.