Skip to main content
    • Aa
    • Aa

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


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

Hide All

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.

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

European Constitutional Law Review
  • ISSN: 1574-0196
  • EISSN: 1744-5515
  • URL: /core/journals/european-constitutional-law-review
Please enter your name
Please enter a valid email address
Who would you like to send this to? *


Altmetric attention score

Full text views

Total number of HTML views: 5
Total number of PDF views: 89 *
Loading metrics...

Abstract views

Total abstract views: 499 *
Loading metrics...

* Views captured on Cambridge Core between 26th May 2017 - 21st September 2017. This data will be updated every 24 hours.