Grounds of review

Alexander H. Türk ()

Chapter 8 in Judicial Review in the European Union, 2025, pp 282-359 from Edward Elgar Publishing

Abstract: This Chapter discusses the grounds of review that the Union courts employ in the review of Union acts under Article 263(2) TFEU. It demonstrates that they incorporate both procedural and substantive standards, derived from statutory provisions of Union law and general principles developed by the Union courts. Although these grounds of review allow for a comprehensive review of the legality of the act in question, the Union courts apply this review with varying degrees of intensity, ranging from a strict intensity of review to a reduced intensity of review focused on the application of manifest error, misuse of power or clear abuse of discretion, where the Union authorities are considered to have a discretionary power in the exercise of their powers. Finally, it emphasizes that the procedural standards of review are crucial in instances where the Union courts reduce the intensity of the substantive standards of review.

Keywords: Article 263(2); TFEU; Grounds of review; Lack of competence; Infringement of an essential procedural requirement; Infringement of Treaty or rule of law; Misuse of power (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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