The Principle of Autonomy and Investment Arbitration before the Court of Justice of the European Union

Poland v. PL Holdings

Abstract

The Court of Justice of the European Union has dealt with the relations between European Union law and international investment law in several precedents issued since the European Union was conferred with the competence over the protection of foreign direct investments. This paper offers a “tour d’horizon” of this caselaw, devoting particular attention to the way in which the Court of Justice of the European Union has invoked the principle of autonomy of European Union law in order to declare contrary to it certain categories of investment arbitration. This principle has become a key element that limits the consent to investment arbitration given by the Member States of the European Union within international investment law.