Unit:
Κατεύθυνση Ευρωπαϊκό ΔίκαιοLibrary of the School of Law
Supervisors info:
Περάκης Εμμανουήλ, Επίκουρος Καθηγητής, Νομική, Εθνικό και Καποδστριακό Πανεπιστήμιο Αθηνών
Original Title:
Issues of compatibility of dispute resolution clauses, included in international agreements, with EU law
Translated title:
Issues of compatibility of dispute resolution clauses, included in international agreements with EU law
Summary:
The case-law of the CJEU, which is presented in this thesis, has put into question to what extent the EU is capable to “integrate” in international settings by concluding international agreements that establish their own respective judicial bodies. In fact, the relationship between the CJEU and international courts and tribunals has been challenged since the early 1990’s with Opinion 1/91 and the following case-law seemed to not give any hope for international “integration” of the EU. The principle of autonomy of the EU legal order and what it entails stand amongst the prominent stumbling blocks en route to the successful negotiation of EU agreements, which set up international courts or tribunals, or appear to establish cooperation with systems that already provide for their own judicial bodies. After many negative opinions by the CJEU, today with Opinion 1/17 for the CETA Agreement there is some considerable progress in the way towards the active role of the EU in the international world. The CJEU in this Opinion was not positive only in order to not be criticised for judicial activism or isolation of the EU, but because, as concluded in this thesis, the safeguards and innovations presented in the ICS in CETA are sufficient for the protection of the principle of autonomy and the special characteristics of the EU legal order.
Main subject category:
Law and Legislation
Other subject categories:
European law
Keywords:
european law, external relations of EU, dispute resolution clauses
