In one sense, the Court's autonomy concern is based on a juristic fiction of a perfect legal system that contains no gaps or lacunae in the protective safety - net it offers to its subjects, and the glorified references to the principle of mutual trust and the EU's foundational
values sound somewhat empty in light of arbitral practice and in light of the fact that
arbitrary exercises of public power continue to take
place within the internal market, with EU law having little to offer to the affected investors.