CLEER Paper 2016/2 - Eckes
International Rulings and the EU Legal Order: Autonomy as Legitimacy?
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?
Christina Eckes is Associate professor, Amsterdam Centre for European Law and Governance, University of Amsterdam.