How to soften Achmea? Armin Cuyvers on the autonomy of EU law during EUI/HEC conference
On 16 November 2018 Armin Cuyvers presented some legal strategies to soften the much criticized absolutist approach to autonomy by the European Court of Justice in Achmea. His main argument was that, as a general principle, autonomy can and should be weighed against other general principles.
An approach that is supported by how the CJEU has balanced other fundamental principles on different fields. This approach creates sufficient legal space to soften autonomy to a reasonable and more practical level, without endangering the crucial role autonomy plays in grounding and safeguarding the EU legal order.
The two-day conference, entitled ‘The EU law of unintended consequences: What is the impact of the Achmea judgment on Investment and dispute settlement in the EU Energy sector?’ was jointly organised by the Energy Union Law Area of the European University Institute (EUI), Dechert LLP and the École des Hautes Études Commerciales de Paris (HEC) and brought together representatives from the Commission, the CJEU, practitioners and academics, including Sir Allan Daswhood and Sir Francis Jacobs.