Autonomy of the European Union Legal Order and Autonomous Interpretation

I have written several case notes, such as Opinion 1/91 EEA, Opinion 1/09 Community patent, Opinion 2/13 ECHR, the case of Achmea, Opinion 1/17 CETA and others regarding the autonomy of the European Union (EU) legal order. Recently, I wrote a case report on the Dumitru-Tudor Dorobantu case. Then, a simple question came to my mind: Why did the Court of Justice of the European Union (CJEU) borrow criteria from the European Court of Human Rights (ECtHR) instead of establishing its own criteria? On the one hand, the CJEU has insisted on the importance of the autonomy of the EU legal order and has refused to commit to international agreements. On the other hand, the CJEU not only referenced the case law of the ECtHR but alsoused the criteria established by the ECtHR. Toaddress this question, this article aims to discuss whether the CJEU can and should construct the fundamental rights criteria of the Charter of the EU fundamental rights.