Process-oriented federalism in the EU: A (partial) response to critiques of process review advocacy in the EU

TY - JOUR

T1 - Process-oriented federalism in the EU

T2 - A (partial) response to critiques of process review advocacy in the EU

AU - Harvey, Darren

N1 - Publisher Copyright: © 2021 Thomson Reuters and Contributors. Copyright: Copyright 2021 Elsevier B.V., All rights reserved.

PY - 2021/8

Y1 - 2021/8

N2 - This article makes a novel contribution to contemporary debates over process review in the European Union (EU). In doing so, two interrelated claims are advanced. The first claim comes in response to parts of Andrew Woodhouse’s critique of process review in the 2020 volume of European Law Review. By analysing a number of recent judgments of the CJEU (many of which have yet to feature in the literature on process review), it is argued that there has been a notable shift in the standard of review in cases where EU legislation is scrutinised for compliance with the principles of subsidiarity and proportionality. The second claim, which builds upon the first, is that these developments in the jurisprudence represent significant milestones in the gradual emergence of what I call “process-oriented federalism” in the EU. It is argued that process-oriented federalism is consistent with the objectives of the Lisbon Treaty reforms and makes a positive contribution towards achieving a better division of competences between the EU and its Member States.

AB - This article makes a novel contribution to contemporary debates over process review in the European Union (EU). In doing so, two interrelated claims are advanced. The first claim comes in response to parts of Andrew Woodhouse’s critique of process review in the 2020 volume of European Law Review. By analysing a number of recent judgments of the CJEU (many of which have yet to feature in the literature on process review), it is argued that there has been a notable shift in the standard of review in cases where EU legislation is scrutinised for compliance with the principles of subsidiarity and proportionality. The second claim, which builds upon the first, is that these developments in the jurisprudence represent significant milestones in the gradual emergence of what I call “process-oriented federalism” in the EU. It is argued that process-oriented federalism is consistent with the objectives of the Lisbon Treaty reforms and makes a positive contribution towards achieving a better division of competences between the EU and its Member States.

UR - http://www.scopus.com/inward/record.url?scp=85113443332&partnerID=8YFLogxK

M3 - Article

AN - SCOPUS:85113443332

SN - 0307-5400

VL - 46

SP - 460

EP - 480

JO - EUROPEAN LAW REVIEW

JF - EUROPEAN LAW REVIEW

IS - 4

ER -