Conceptualisation and Application of the Principle of Autonomy of EU Law – The CJEU's Judgement in Achmea Put in Perspective

European Law Review, Forthcoming

18 Pages Posted: 5 Nov 2018

See all articles by Steffen Hindelang

Steffen Hindelang

University of Southern Denmark - Department of Law; Humboldt-Universität zu Berlin Walter Hallstein Institute for European Constitutional Law

Date Written: October 14, 2018

Abstract

It seemed that Court of Justice of the European Union wanted to make it short and sweet: It took the Grand Chamber in its Achmea judgement less than fifteen pages to conclude that Investor-State dispute settlement in an intra-EU context is incompatible with EU law.

The Judgement is noteworthy in terms of both the conceptualisation as well as the application of the principle of autonomy of EU law. In terms of conceptualisation of the principle, what we witness in Achmea, read in conjunction with another decision, could be a first subtle attempt to enrich the principle with notions of the rule of law. In terms of application, the Court further strengthens legal equality, its judicial monopoly, and – perhaps even more importantly – the role of the Member States’ courts, understood as “traditional permanent State courts”, in the judicial dialogue.

Keywords: Achmea, CJEU, ISDS, Investor-State Arbitration, Vattenfall, ECT, Energy Charter Treaty, Autonomy, EU Law, Preliminary Reference Procedure, Art. 344 TFEU, CETA, Court of Justice, ECJ

Suggested Citation

Hindelang, Steffen, Conceptualisation and Application of the Principle of Autonomy of EU Law – The CJEU's Judgement in Achmea Put in Perspective (October 14, 2018). European Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3266123 or http://dx.doi.org/10.2139/ssrn.3266123

Steffen Hindelang (Contact Author)

University of Southern Denmark - Department of Law ( email )

Odense
Denmark

HOME PAGE: http://www.steffenhindelang.de

Humboldt-Universität zu Berlin Walter Hallstein Institute for European Constitutional Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

HOME PAGE: http://www.steffenhindelang.de

Register to save articles to
your library

Register

Paper statistics

Downloads
129
Abstract Views
488
rank
225,755
PlumX Metrics