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As the European Union deepens its integration, the relationship between the national legal systems of the Member States, the European Union legal system and international law becomes more complex. In this context, the article reflects on this relationship between judicial protection and arbitration beyond what has been said by the CJEU, and on certain questions that the Del Valle Case leaves unresolved, in particular, how to enhance judicial protection within the EU legal system; the growing importance of the concept of “European Union public policy” or the “European Union's public interest” in today’s context and the need for a clear allocation of responsibilities between the EU and its Member States.

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Judicial Protection and Investment Arbitration in the Wake of the Del Valle Case: Some “EU Perspective” Reflections on the Possible Way Forward

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  • 发表日期：

    2025年

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  • Sonsoles Centeno

摘要

As the European Union deepens its integration, the relationship between the national legal systems of the Member States, the European Union legal system and international law becomes more complex. In this context, the article reflects on this relationship between judicial protection and arbitration beyond what has been said by the CJEU, and on certain questions that the Del Valle Case leaves unresolved, in particular, how to enhance judicial protection within the EU legal system; the growing importance of the concept of “European Union public policy” or the “European Union's public interest” in today’s context and the need for a clear allocation of responsibilities between the EU and its Member States.