Summary In February 2023, Hitotsubashi Journal of Law and Politics published a paper by Yumiko Nakanishi, Professor at the Graduate School of Law, Hitotsubashi University, titled “Autonomy of the European Union Legal Order and Autonomous Interpretation.” The Court of Justice of the EU has emphasized the importance of the autonomy of the EU legal order in many cases such as Opinion 1/91 EEA, Opinion 1/09 Community patent, Opinion 2/13 ECHR, the case of Achmea, Opinion 1/17 CETA. The professor wrote a case note regarding the Dumitru-Tudor Dorobantu case and wondered why 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 also used the criteria established by the ECtHR. To address 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.