Jurisdictional Interaction between the CJEU and International Dispute Settlement Bodies: EU Law Perspective

Abstract

Dissertation “Jurisdictional interaction between the CJEU and international dispute settlement bodies: EU law perspective” aims to systematically analyse the extent of the normative influence of the principle of autonomy of the EU legal order on delimitation of the CJEU’s jurisdiction from jurisdictions of selected international dispute settlement bodies, which fall outside the scope of dispute settlement mechanisms provided under the EU Treaties. Seeking this purpose the content of the principle of autonomy of the EU legal order established in the CJEU’s cases related to jurisdictional delimitation is revealed as well as the principle’s influence on European integration. Within the context of the application of the principle of autonomy, two recent controversial decisions of the CJEU in Achmea and Opinion 1/17 are analysed. First, it is scrutinised how the principle of autonomy is applied in respect of investment arbitral tribunals established under intra-EU BITs and whether responses of these tribunals to the CJEU’s case law reflect any risks for the autonomy of EU law. Secondly, it is assessed if the Investment Court System mechanism, established in the EU’s treaty with Canada, could have adverse effects on the autonomy of the EU legal order.