the monopoly of dispute settlement under Art. 344 TFEU would thus be endangered and the relevant agreement incompatible with the autonomy of EU law
Fourth, it remains questionable whether the autonomy of EU law must really be secured by imposing on non-Member States that they have to expressly guarantee the respect of the monopoly on dispute settlement of the CJEU within the EU in the provisions of an international agreement. The suggestion made by the Advocate General is more convincing in this regard. It should thus be sufficient to start infringement proceedings based on Art. 258 f. TFEU against EU Member States if they settle their disputes before other international instances (AG view, para 118). As an additional measure to ensure the practical effectiveness of Art. 344 TFEU EU Member States could be obliged before the accession of the EU to the ECHR to declare with binding force under international law that they will not engage proceedings under Art. 33 ECHR whose object of dispute falls within the material scope of EU law (AG view, para 120).