Reconsidering the Autonomy of EU Law -
From Achmea to Opinion 1/17 and Beyond
Dr. iur. (FU Berlin); Assoc. Professor of EU Law, National & Kapodistrian University of Athens /
Vis. Professor, TU Berlin
Opinion 1/17 initiated substantial scientific debate about the impact of Investor State Dispute Settlement mechanisms on the dynamic notion of ’autonomy‘ of the EU legal order. The present analysis explores the critical points in the CJEU’s arguments in view of recent developments and highlights the fundamental goal to preserve the autonomy of EU legal order while exploring the pathway to reconcile two necessities: the need for an autonomous ‘self-dependence’ of the Union’s legal system and the need for conciliation in the field of international investment arbitration. The article argues that the strategic importance of safeguarding the autonomy of EU law, as a systemic requirement for the EU integration process, should rather rely on practical, technical ways for its observance than on policy influenced fluctuations of its normative substance.
