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Demystifying Autonomy: Tracing the International Law Origins of the EU Principle of Autonomy [PDF]

open access: yesGerman Law Journal, 2023
CJEU case law has long emphasized the autonomy of the EU legal order, recently triggering the foreclosure of intra-EU investment arbitration.
Mark Konstantinidis
doaj   +7 more sources

Does Anythin Hang on the Autonomy of EU Law?

open access: yesEuropean Papers
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1293-1299 | Article | (Abstract) Jurisprudential accounts of the autonomy of EU law have struggled to offer a compelling account of its unique features.
George Letsas
doaj   +4 more sources

The Autonomy of EU Law: A Hartian View [PDF]

open access: yesSSRN Electronic Journal, 2021
This article aims to reconstruct and theorise the autonomy of the European Union (EU) legal system by drawing on Hartian legal theory. It comprises four claims. First, the European Court of Justice’s (ECJ) 'foundational case law' on autonomy – and direct effect and supremacy as its corollaries – is conceptualised as a second-order thesis about the ...
Lindeboom, Justin; id_orcid   +1 more
openaire   +4 more sources

The Autonomy of the EU Legal Order: The Case of the Energy Charter Treaty

open access: yesEuropean Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1465-1494 | Article | (Table of Contents) I. Introduction. – II. Normative autonomy as the very foundation of the EU legal order. – III. Regulatory autonomy. – IV.
Christina Eckes
doaj   +3 more sources

Party Autonomy, Inconsistency and the Specific Characteristics of Family Law in the EU [PDF]

open access: yesJournal of Private International Law, 2018
Party autonomy is becoming more prevalent in substantive family law, and therefore private international law should find a method of incorporating party autonomy into family law. This should be done in a way that takes account of the specific characteristics of family life. Currently the EU Regulations take a disjointed and incoherent approach to party
exaly   +3 more sources

Strategic Autonomy: A New Identity for the EU as a Global Actor

open access: yesEuropean Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(2), 417-428 | European Forum Insight of 27 July 2023 | (Table of Contents) I. Introduction. - II. Strategic autonomy in EU external action discourse. - III.
Charlotte Beaucillon
doaj   +1 more source

The Legacy of Opinion 1/17: To What Extent Is the Autonomous EU Legal Order Open to New Generation ISDS?

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 645-673 | Article | (Table of Contents) I. Introduction. - II. EU and a reformed international investment order. - II.1. Post-Lisbon intra-EU developments and traditional
Arman Melikyan
doaj   +1 more source

Opinion 1/17: Autonomy of EU Legal Order and the Conflicting Context of International Investment Arbitration

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 631-644 | Article | (Table of Contents) I. Introduction. - II. The concept of autonomy. - III.
Antonis Metaxas
doaj   +1 more source

Strasbourg’s External Review after the EU’s Accession to the European Convention on Human Rights: A Subordination of the Luxembourg Court?

open access: yesTilburg Law Review, 2012
The contribution at hand highlights a special aspect of the European Union’s (EU) accession to the European Convention on Human Rights (ECHR), namely the question whether the EU’s legal autonomy, which is vigilantly guarded by the Court of Justice of the
Paul Gragl
doaj   +1 more source

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