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.