Abstract: In the interpretation of EU law as well as international law, the autonomous interpretation is well established. It is, however, still necessary to reflect the specific nature of EU law and of international law and the resulting interaction between these two groups of sources of law. For international treaties in particular, the question arises of how the treaties affect autonomous interpretation. This article thus aims to provide a comprehensive analysis of the possible influence of international law, in particular international treaties, on the interpretation of EU law.
Keywords: autonomous interpretation, EU law, international law, sources of law, WTO law, CJEU,
INTRODUCTION
it is an established practise that instruments and sources of international law must be interpreted autonomously. The same applies for EU law, while EU law needs to be interpreted independently of the law of Member States. However, neither primary nor secondary sources of EU law provide any guidance on how the EU law is to be interpreted or what the correct procedure is for autonomous interpretation. Although the CJEU tries to explain the proper approach in its long-standing case law, many questions are still unresolved.
The autonomous interpretation is especially specific in relation to sources of (public) international law. There is no doubt that legal instruments of international law have a major influence on EU law and, thus, on its interpretation as well. However, according to the definition of autonomous interpretation itself, this interpretation should be done independently, i.e., regardless of other legal systems. The question thus arises as to how exactly sources of international law are affecting the interpretation of EU law and how this influence should be reflected in the process of its autonomous interpretation.
The relationship between public international law and EU law can be aptly demonstrated by WTO law. This article therefore also presents an analysis of WTO law and shows the influence of its possible direct and indirect effects on the interpretation of EU law.
To read this article in full, please click here.
Originally published by The lawyer Quarterly .
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
