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The EU Institutions Liability between the Member States Principles and the Causality Standards of the EU Court of Justice

Several important features characterize administrative liability within the EU. First and foremost, not only is liability affirmed, but it is also based on the general principles of law common to the laws of the Member States. Second, and consequently, those principles have been defined and refined by EU courts. Third, the mere fact of a serious and manifest infringement of any rule of law may be enough for liability to arise and it is for EU courts to judge about it, without any preliminary appeal. It must be observed that the European administration—functionally intended—does not have the panoply of powers that characterizes national authorities and, in particular, is seldom involved in material activities. However, the exercise of its powers is subject to duties of legality and procedural fairness and propriety.