Κατεύθυνση Δημόσιο Διεθνές Δίκαιο
Library of the School of Law

2024-12-11

2024

Karipsiadi Elisavet

Εμμανουήλ Περάκης, Αναπληρωτής Καθηγητής, Τομέας Νομικής, Νομική Σχολή ΕΚΠΑ

International custom before the CJEU

English

International custom before the CJEU

This dissertation addresses the interaction between customary international law (CIL) and the EU legal order, focusing especially on the application of international custom by the Court of Justice of the European Union (CJEU). Through a binary approach, pertaining to the indirect and direct effect of CIL before the Court, this study assesses not only the level of its integration in the EU legal order, but also the CJEU’s nature as both an international and quasi-domestic Court. By analysing key cases, we delve into the substantive rules of custom invoked as well as the jurisdictional limits to the interplay of international and EU law. The study highlights the CJEU’s balancing exercise between ‘openness’ and ‘autonomy’, ultimately identifying a degree of awkwardness on its approach.

Law and Legislation

Public international law

Customary International Law, CIL, International Custom, International Law, EU Law, EU, European Union, CJEU, direct effect, indirect effect, EU legal order

No

0

No

168

48

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https://pergamos.lib.uoa.gr/uoa/dl/object/3446635