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EU LawText, Cases, and Materials

EU Law: Text, Cases, and Materials (7th edn)

Paul Craig and Gráinne de Búrca
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date: 22 September 2021

p. 57616. Review of Legality: Grounds of Reviewlocked

p. 57616. Review of Legality: Grounds of Reviewlocked

  • Paul CraigPaul CraigEmeritus Professor of English Law, St John's College, University of Oxford
  •  and Gráinne de BúrcaGráinne de BúrcaFlorence Ellinwood Allen Professor of Law, New York University School of Law

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses the grounds for judicial review of a Union act. Article 263 of the Treaty on the Functioning of the European Union (TFEU) specifies four grounds for review: lack of competence; infringement of an essential procedural requirement; infringement of the Treaty or any rule of law relating to its application; and misuse of power. Judicial review, whether direct through Article 263 or indirect through Article 267, is designed to ensure that decision-making is legally accountable. The UK version contains a further section analysing the relevance of these grounds of review in the UK post-Brexit.

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