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The European Court of Justice and International Courts$
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Tobias Lock

Print publication date: 2015

Print ISBN-13: 9780199660476

Published to Oxford Scholarship Online: November 2015

DOI: 10.1093/acprof:oso/9780199660476.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 May 2021

The Court of Justice and International Courts

The Court of Justice and International Courts

Jurisdictional and Procedural Issues

(p.74) 3 The Court of Justice and International Courts
The European Court of Justice and International Courts

Tobias Lock

Oxford University Press

This chapter defines the extent of the CJEU’s jurisdiction, depicts potentials for conflict, and proposes ways to resolve them. It demonstrates that the CJEU’s exclusive jurisdiction over EU law is not confined to Article 344 TFEU but based on the broader concept of autonomy. A particular focus is placed on its resulting far-reaching exclusive jurisdiction over international agreements concluded by the Union (including mixed agreements), which culminated in the MOX Plant decision. This is followed by an examination of possible limits and exceptions to it. Finally, the chapter addresses the intricate question whether the exclusive jurisdiction of the CJEU must be respected by other courts from the perspective of international law. It is proposed that an obligation for international courts to respect the Court’s exclusive jurisdiction can be based on a lack of a legitimate interest on the part of member states in bringing proceedings over European Union law before another court.

Keywords:   MOX Plant case, mixed agreements, CILFIT case law, proceedings, autonomy of EU law, CJEU, duty of cooperation, intra-EU BITs, declaration of competence

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