Op-Ed: “Opinion 1/20: A missed opportunity to shed further light on the principle of EU autonomy?” By Cristina Contartese

Introduction 

Opinion 1/20 was delivered on 16 June 2022 by the Court of Justice following a request made to it by Belgium under Article 218(11) TFEU. The Court  was asked whether the investor-state dispute settlement (ISDS) mechanism in the draft modernised Energy Charter Treaty (ECT) (currently laid down under Article 26 ECT) was compatible with the EU Treaties. The Court decided that Belgium’s request for an Opinion was premature as there was insufficient information on the envisaged agreement, and consequently, inadmissible.

The question that this Op-Ed wishes to briefly address is whether this finding of inadmissibility is a missed opportunit