International Rulings and the EU Legal Order: Autonomy as Legitimacy?

Open Access
Authors
Publication date 2016
Series CLEER papers, 2016/2
Number of pages 31
Publisher The Hague: Centre for the Law of EU External Relations
Organisations
  • Faculty of Law (FdR)
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
Abstract
When confronted with international dispute settlement (IDS) mechanisms the Court of Justice of the European Union (CJEU) demonstrates great concern for the autonomy of the EU legal order. This paper examines the potential effects of the EU’s participation in different categories of IDS for the autonomy and legitimacy of EU law and the EU judiciary. It addresses questions such as: Is the CJEU’s overriding concern that certain IDS may threaten the autonomy of EU law justified? What is the link between autonomy and legitimacy of the EU legal order?
What may be the consequences of the EU’s participation in IDS mechanism for the legitimacy of EU law and the Court? Is the EU in a special position, as compared to its Member States, when participating in IDS mechanisms? If so, why?
Document type Working paper
Language English
Published at http://www.asser.nl/media/3002/cleer16-2_complete_web.pdf
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cleer16-2_complete_web (Final published version)
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