Immunity of EU Institutions in Judicial Proceedings in the EU Member States

• Main Author: Jorg Sladič
• Format: Article
• Language: English
• Published: University of Ljubljana, Faculty of Law 2019-12-01
• Series: Zbornik Znanstvenih Razprav
• Subjects: eu; international organisation; immunity; functional immunity; protocol no. 7; national judicial proceedings; principle of sincere cooperation; autonomous in-terpretation of term of eu law
• Online Access: http://www.pf.uni-lj.si/media/zzr.2019.eu.sladic.pdf

By virtue of Protocol on the Privileges and Immunities of the European Union and its in-stitutions, the latter are granted immunity of jurisdiction and immunity of enforcement. However, such an immunity is an exception in any procedural law. Both procedural im-munities only apply where there is interference with the functioning of the EU, insofar as the EU is not hindered by the ongoing national proceedings in the performing of its tasks and duties, no immunity can be granted. The Court of Justice of the EU applies the doctrine of functional immunity developed for international organisations and the general synallagmatic principle of law of the sincere cooperation between the EU and its Member States (Article 4(3) TEU) to set up duty of institutions to cooperate with national judiciary in national proceedings.