Substantive Aspects of Private Enforcement: Deterrence by Damage Compensation?

Abstract

In part III, we analysed the real aim of the European Court of Justice’s doctrine of allowing for private tort claims against member states for breaching European law. Part IV discussed the usefulness of this approach vis-à-vis a more public approach and some practical, procedural problems that do arise with it. This chapter moves one step further in examining exactly how deterrence with monetary means could (not) function against democratic states.