Autonomy

Pavlos Eleftheriadis

Chapter 8 in Research Handbook on European Constitutional Law, 2026, pp 138-151 from Edward Elgar Publishing

Abstract: The autonomy of EU law does not entail unconditional ‘monism’ nor unprincipled ‘pluralism’ as some scholars believe. The core of the doctrine of autonomy says that the Court of Justice has specific powers of interpretation under the Treaties. The Member States gave the Court these special powers when they entered into the Treaties by amending their constitutional arrangements. The Court did not create its own powers, the Treaties and the constitutions did. So in this sense the CJEU and the domestic courts are subject to the same legal framework. It is set out both in the EU Treaties and in domestic constitutions. For that reason, the autonomy of EU law in the sense of the autonomous powers of the Court of Justice to interpret Europe's common law, is a true and superior legal principle for all Member States.

Keywords: Autonomy; Primacy; Pluralism; Dualism; Union of peoples; Constitution (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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