Achmea Between the Orthodoxy of the Court of Justice and Its Multi-faceted Implications: An Introduction

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Table of Contents: I. Introduction. – II. Achmea, from the perspective of international investment law specialists. – III. An impressive set of consequences inferred from Achmea. – IV. Achmea and the European integration process.

Abstract: The Achmea case has generated much controversy and fierce criticism from investment lawyers and international law specialists. This Special Section takes such reaction as an invitation to investigate the premises and the impressive set of consequences inferred from the judgment, both for investment arbitration and the European integration process. But the Achmea judgment is not only about how EU law interacts with international investment law. The Court of Justice also deals with the constitutional foundations of the EU integration and strives to protect the European model of justice, organized as a system, from disintegrative forces.

Keywords: international investment law – ad hoc arbitral tribunal – autonomy of the EU legal order – preliminary ruling procedure – models of EU justice – EU constitutional law.

European Papers, Vol. 4, 2019, No 1, pp. 7-17
2499-8249 - doi: 10.15166/2499-8249/297

* Professor of Public Law, Université Paris 1 Panthéon Sorbonne,
** Assistant Professor of International Law, Sapienza University of Rome,
*** Professor of International Law and International Relations, University of Salamanca,


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