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The Rise of the Procedural Paradigm: Judicial Review of EU Legislation in Vertical Competence Disputes

Abstract

EU Law–Vertical competence review of EU secondary law–Court of Justice control of the exercise of EU legislative powers–Strict procedural review of EU legislation–Standard of judicial review and intensity of judicial review–Judicial review as a safeguard of federalism–Constitutional review of EU legislation–Proportionality, subsidiarity and principle of conferral–Balance between the EU legislator’s prerogatives and the need to ensure that EU legislation conforms to the precepts of EU law–Distribution of competences between Member States and the EU

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Associate Professor in Law, Örebro University. This article is the outcome of a discussion with many academic colleagues and friends throughout the last three years. I would wish to particularly acknowledge the valuable comments and constructive criticisms from Giorgio Monti, Loïc Azoulai, Damian Chalmers, Stephen Coutts, Christian Ayerst, Thomas Poole, Valsamis Mitsilegas and Carl-Fredrik Bergström. The editors of the European Constitutional Law Review and the anonymous reviewers deserve a special acknowledgment, as their comments and proposals really helped in improving the final form of the article. I furthermore owe intellectual debt to Ittai Bar-Siman-Tov, Koen Lenaerts and Ernest A. Young for their work on procedural review and federalism in the EU.

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European Constitutional Law Review
  • ISSN: 1574-0196
  • EISSN: 1744-5515
  • URL: /core/journals/european-constitutional-law-review
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