The Concept of the ‘Autonomy of EU Law’ in the Case Law of the European Court of Justice

The autonomy of EU law has become an increasingly important concept in the case law of the European Court of Justice. Over the years, the Court of Justice of the European Union (CJEU) has consolidated a ‘standard formulation’ of this notion by emphasizing its main features and consequences. The paper aims to provide clarity on the concept of ‘autonomy of EU law’, explaining its meaning, scope, connection with the constitutionalization of the EU legal order, and possible justifications. The analysis will also differentiate the autonomy of EU law from the autonomy of international organizations’ legal orders, as well as from the independence of national legal orders. Finally, the autonomy of EU law will be assessed in relation to both domestic law (i.e., internal autonomy) and international law (i.e., external autonomy). This assessment will establish a ‘fil rouge’ linking key characteristics of the European legal order, such as the primacy of EU law on national and international provisions, the principle of direct effect, the integration of national courts in the European judicial system, as well as the authority of the CJEU on the final interpretation of EU law.