Date: 2018
Type: Working Paper
Another one BITes the dust : the distance between Luxembourg and the world is growing after Achmea
Working Paper, EUI RSCAS, 2018/47, Global Governance Programme-315, [Global Economics]
CANTORE, Carlo Maria, MAVROIDIS, Petros C., Another one BITes the dust : the distance between Luxembourg and the world is growing after Achmea, EUI RSCAS, 2018/47, Global Governance Programme-315, [Global Economics] - https://hdl.handle.net/1814/59004
Retrieved from Cadmus, EUI Research Repository
The CJEU has become a gatekeeper. Ever since Opinion 1/91, the CJEU has been imposing barriers to the recognition of decisions by foreign jurisdictions. Its recent Achmea decision is the natural consequence of case law so far. This attitude would not be problematic by itself since, through this attitude, the European Union would still be liable at the international plane, even if it did not implement its international obligations (liability- over property rules). This is not the end of the story. The CJEU accepts the, in principle, relevance of decisions by some international jurisdictions. However, the CJEU has repeatedly failed to establish clear criteria to identify ex ante the circumstances under which this will be the case. As things stand, recognition of foreign judgments is more of a line in the sand, than a dictum set in stone. This attitude is hardly reconcilable with the quintessential elements of a Rechtsstaat.
Cadmus permanent link: https://hdl.handle.net/1814/59004
ISSN: 1028-3625
Series/Number: EUI RSCAS; 2018/47; Global Governance Programme-315; [Global Economics]
Keyword(s): Achmea CJEU Intra-EU BITs Preliminary rulings
Other topic(s): Trade, investment and international cooperation