Acceso usuarios
Darren Harvey
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.
