The Rise of the Procedural Paradigm : Judicial Review of EU Legislation in Vertical Competence Dispute
(2017) In European Constitutional Law Review 13(2). p.248-280- Abstract
- The Court of Justice’s role in controlling the exercise of Union legislative powers is a longstanding topic in EU legal scholarship. Observers have criticised the Court’s accommodating approach to the EU legislator’s broad interpretation of its powers and contended that the Court cannot be trusted to enforce the distribution of competences between the Union and the Member States (the ‘federal dimension’). Other commentators have emphasised that the Court’s limited legitimacy and expertise make it institutionally ill-equipped to engage in proper substantive judicial review of EU legislation. On the basis of such analyses, this article makes a proposal on how competence review of EU legislation could be improved. The article rejects... (More)
- The Court of Justice’s role in controlling the exercise of Union legislative powers is a longstanding topic in EU legal scholarship. Observers have criticised the Court’s accommodating approach to the EU legislator’s broad interpretation of its powers and contended that the Court cannot be trusted to enforce the distribution of competences between the Union and the Member States (the ‘federal dimension’). Other commentators have emphasised that the Court’s limited legitimacy and expertise make it institutionally ill-equipped to engage in proper substantive judicial review of EU legislation. On the basis of such analyses, this article makes a proposal on how competence review of EU legislation could be improved. The article rejects substantive review and argues, on the basis of the Court of Justice’s judgments in Spain v Council and Kadi II, for an intense form of procedural review in the form of a standard of ‘adequate’ reasoning’ and ‘relevant evidence’. Such a standard strikes an appropriate balance between safeguarding the political prerogatives of the EU political institutions and the Court’s task of ensuring proper judicial safeguards of federalism. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/12c8f63f-678d-48de-8683-a175dae7472e
- author
- Öberg, Jacob LU
- organization
- publishing date
- 2017-05-26
- type
- Contribution to journal
- publication status
- published
- subject
- in
- European Constitutional Law Review
- volume
- 13
- issue
- 2
- pages
- 32 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:85019999538
- ISSN
- 1574-0196
- language
- English
- LU publication?
- yes
- id
- 12c8f63f-678d-48de-8683-a175dae7472e
- date added to LUP
- 2018-09-04 22:45:40
- date last changed
- 2022-04-17 22:08:45
@article{12c8f63f-678d-48de-8683-a175dae7472e, abstract = {{The Court of Justice’s role in controlling the exercise of Union legislative powers is a longstanding topic in EU legal scholarship. Observers have criticised the Court’s accommodating approach to the EU legislator’s broad interpretation of its powers and contended that the Court cannot be trusted to enforce the distribution of competences between the Union and the Member States (the ‘federal dimension’). Other commentators have emphasised that the Court’s limited legitimacy and expertise make it institutionally ill-equipped to engage in proper substantive judicial review of EU legislation. On the basis of such analyses, this article makes a proposal on how competence review of EU legislation could be improved. The article rejects substantive review and argues, on the basis of the Court of Justice’s judgments in Spain v Council and Kadi II, for an intense form of procedural review in the form of a standard of ‘adequate’ reasoning’ and ‘relevant evidence’. Such a standard strikes an appropriate balance between safeguarding the political prerogatives of the EU political institutions and the Court’s task of ensuring proper judicial safeguards of federalism.}}, author = {{Öberg, Jacob}}, issn = {{1574-0196}}, language = {{eng}}, month = {{05}}, number = {{2}}, pages = {{248--280}}, publisher = {{Cambridge University Press}}, series = {{European Constitutional Law Review}}, title = {{The Rise of the Procedural Paradigm : Judicial Review of EU Legislation in Vertical Competence Dispute}}, volume = {{13}}, year = {{2017}}, }