Limits of Jurisdiction of International Courts and Tribunals Vis-à-vis the CJEU under EU Law

Authors : Mustafa Tayyar Karayiğit

Pages : 133-159

Doi:10.32450/aacd.1535387

View : 102 | Download : 104

Publication Date : 2025-06-02

Article Type : Research Paper

Abstract :The article examines, within the context of compatibility with the autonomy of the EU legal order of dispute settlement mechanisms established or designated by agreements, the boundaries of jurisdiction of international courts/tribunals drawn by the CJEU under EU law with their grounds in the preservation of external autonomy of the EU legal order against the international legal system and international courts. It draws attention to the balance to be struck between the objectives of protection of specific characteristics of EU law and the autonomy of the EU legal order, and giving the EU, within the context of international law requirements, more leeway to interact with other international law subjects with the purpose of making international agreements establishing or designating dispute settlement mechanisms. It is emphasised that the excessively broad scope of the exclusive jurisdiction of the CJEU and so correlatively the narrower scope of jurisdiction of international courts/tribunals would make the EU prisoner of its autonomy with the consequence of while being an isolated judicial monster in its ivory tower, a rather modest international actor in the construction of a more rule-oriented international legal system.
Keywords : Özerklik, ABAD’ın Münhasır Yargı Yetkisi, Uluslararası Mahkemelerin Yargı Yetkisi, Uygunluk Denetimi, AB Yargısal Sistemi

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