Benedikt Riedl, Maxima Hubbes

Zwischen Heterarchie und Hierarchie

Section: Abhandlungen
Volume 150 (2025) / Issue 3, pp. 476-553 (78)
Published 26.09.2025
DOI 10.1628/aoer-2025-0028
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Summary
The article examines the evolution of European constitutional integration through the lens of the European Court of Justice's concept of autonomy. It argues that the Court's jurisprudence has transformed this concept into a quasi-federal hierarchy over Member States and a sovereignty-like detachment from international law. By reconstructing these developments, the article demonstrates how they go beyond functional necessity. It calls for a reorientation of the autonomy concept, proposing that it be reanchored in its operational rationale - serving as a means to enhance legal connectivity across legal systems rather than entrenching hierarchy or fostering isolation.