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  • All: "Autonomy of the eu legal order" x

Gisèle Uwera

by the Court of Justice regarding external dispute settlement mechanisms and the autonomy of the eu legal order. It then assesses the compatibility of investor-State dispute resolution within the system of legal protection guaranteed by the cjeu (3). Finally, the third chapter presents ways

Dr. Laurens Ankersmit

that isds in eu trade agreements may not be compatible with eu law, because isds affects the powers of both the courts of the Member States and that of the European Court of Justice ( ecj ) in such a way that the autonomy of the eu legal order is adversely affected. This article will proceed

Markus Burgstaller

eu law perspective, the main limitations to investor-State arbitration clauses in eu iia s with third States are likely to stem from the cjeu ’s jurisprudence on the autonomy of the eu legal order. 48 3.1 Article 344 tfeu and the mox Plant Case Pursuant to Article 344 tfeu “Member

The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area

A New Legal Instrument for EU Integration Without Membership

Series:

Guillaume Van der Loo

In The EU-Ukraine Association Agreement and Deep and Comprehensive Free Trade Area, Guillaume Van der Loo provides the first comprehensive legal analysis of this complex and controversial international agreement. While key political and legal hurdles towards the signing and conclusion of this agreement are analysed, its scope and contents are scrutinised and contrasted to other international agreements concluded by the EU. Specific attention is devoted to the ambitious “deep and comprehensive free trade area” and the unique provisions related to Ukraine’s approximation to the EU acquis. In particular, this book explores to what extent the agreement can be considered a new legal instrument for ‘EU integration without membership’.

Jan Klabbers and Panos Koutrakos

ascertaining whether and if so, under what conditions, the Court would think the autonomy of the eu legal order can be reconciled with the inclusion of investor-state dispute settlement mechanisms in the eu ’s investment treaties with third parties. Like Koutrakos, Bruno de Witte in the third article zooms

Szilárd Gáspár-Szilágyi

international law has followed various intertwining strands in the CJEU’s case-law. In the first line of such cases, the CJEU focused on the protection of the autonomy of the EU legal order and laid down a set of core values that form part of the ‘very foundations’ of the EU legal order. 31 These core

Richard Collins and Nigel White

treaties 19 – to the overarching authority of the UN collective security system. As such, the decision can be contrasted with the European Court of Justice (ECJ)’s recent decision in the Kadi case, 20 as the Luxembourg Court’s bold assertion of the autonomy of the EU legal order stands in stark contrast to

Series:

Jan Wouters

principle in international treaty law into the principle of legitimate expectations in EU law. In other words, the Court transformed an external general principle into an internal one, thereby reconfirming the autonomy of the EU legal order. 19 Importantly, as is the case with EU law, such transformation

How to Resolve Disputes Arising from Brexit

Comparing International Models

Jed Odermatt

tempt other Member States to leave seeking similar conditions. 6 Most importantly, any new dispute settlement mechanism must comply with the eu ’s constitutional requirements; in particular, it must respect the autonomy of the eu legal order. 7 2 Of Sovereignty and Autonomy Both the uk

Niamh Nic Shuibhne

also the privileges of national courts and tribunals to ensure their functioning as eu courts within that system must be protected. 47 Overall, the trajectory of the autonomy of the eu legal order as one “separate from” others can be seen to have moved quickly from concerns for independence