Abstract

Res judicata is a powerful weapon to prevent relitigating matters that have already been adjudicated. This doctrine is in the interest of both litigating parties (thus contributing to private interests), but also in the interest of a sound administration of justice and efficient civil proceedings (thus contributing to the public interest). What if the rights concerned are not from a national, but from an EU origin? How does EU law relate to the principle of res judicata? We will address several aspects of this relationship. We will conclude that it is a balancing act: the CJEU acknowledges the importance of res judicata, but at the same time tries to unite this principle with doing justice to parties seeking their rights under EU law.

Keywords: res judicata, EU law, national law, division of powers, ex officio application

How to Cite:

Krans, B. & Ancery, A., (2025) “The Impact of EU Law on Res Judicata”, Law & Criminology Journal 2(2), 15-31. doi: https://doi.org/10.21825/lcj.94095