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Darren Harvey's picture

Email

dh505@cam.ac.uk

Education CV

 

EDUCATION

  • PhD Candidate in Law, The University of Cambridge (2014 - )
  • Master of Laws (LLM) European Law and European Integration, The Europa-Institut, The University of Saarland (2013)
  • Law (LL.B Hons), The University of Edinburgh (2011)

 

RESEARCH AND TEACHING EXPERIENCE

  • Supervisor in EU Law, The University of Cambridge (2016 - Present)
  • Conference Convenor, "The Cambridge International and European Law Conference 2017: Transforming Institutions", March 24th-25th 2017
  • Managing Editor, Cambridge Journal of International and Comparative Law (2015-2016)
  • Research Assistant to Professor Thomas Giegerich at Jean Monnet Centre for European Law and European Integration, Europa-Institut, Saarland (2013-2014)
  • Internship at the European Investment Bank (2013)
  • Internship at British Institute for International and Comparative Law (2012)

 

SCHOLARSHIPS AND AWARDS

  • Modern Law Review Scholarship 2016-2017
  • Programme in European Private Law for Postgraduates (PEPP) Scholarship 2016-2017
  • Villa Lessing Foundation European Prize for Best Master's Thesis 2013: Darren Harvey, 'Secession and Dissolution in European Union Member States: A Prospective analysis of the Consequences for European Union Membership'

 

REPRESENTATIVE PUBLICATIONS

Journal Articles

  • Darren Harvey, 'What Role for the European Parliament under Article 50 TEU?' (Forthcoming, European Law Review 2017)
  • Darren Harvey, 'Towards Process-Oriented Proportionality Review in the European Union?' European Public Law, Volume 23(1), 2017, 93-121.
  • Darren Harvey and Niall O’Connor, 'European Dimensions', UK Supreme Court Yearbook, Volume 6, 2016, 289-301.
  • Darren Harvey and Niall O’Connor, 'European Dimensions', The UK Supreme Court Annual Review, Volume 3, 2015, 244-253
  • Darren Harvey and Oskar Gstrein, 'The Role of National Parliaments in the European Union', Zeitschrift für Europarechtliche Studien (Zeus), Volume 3, 2014, 335-359.
  • Darren Harvey, 'Secession and Dissolution in European Union Member States: A Prospective analysis of the Consequences for European Union Membership', Zeitschrift für Europarechtliche Studien (Zeus), Volume 4, 2013, 403 – 409   (Winner of “European Prize” from the Villa Lessing political foundation for the best Master Thesis in European Law and Integration.

Book Chapters

  • Steve Peers and Darren Harvey, 'Brexit', in Barnard and Peers (eds) European Union Law (2nd Edition, OUP, 2017).

Blog Posts

Miscellaneous

 

Fields of research

Public Law, Theory and Practice of Judicial Review, EU Constitutional Law, Comparative Constitutional Law.

 

Process Review as an Emerging Theory of Judicial Review in The European Union.

Summary

The PhD Thesis examines the evolving nature of the judicial review function of the Court of Justice of the European Union (CJEU). In particular, it focuses upon the Court's approach to the concepts of discretion and relative standards/intensities of review and argues that a shift towards a more process-oriented conception of judicial review is beginning to emerge within the EU legal order.

This procedural turn by the CJEU may be situated within a wider, global shift in the approach taken by various international and national courts. In this regard, legal scholarship in recent years has become increasingly interested in the emergence of a particularly contentious, and continually evolving, aspect of judicial review: judicial review of the law making process. There is said to be an emerging practice across jurisdictions of courts embracing novel standards of judicial review that are characterized by heightened levels of scrutiny over the political process that led to the enactment of a contested legal act.

From a theoretical perspective, the 'gradual infiltration of procedural review into constitutional adjudication' - to the extent that it is indeed taking place across jurisdictions - gives rise to a fundamental reconsideration of the particular model of judicial review that is applicable in any given legal order. Against this backgorund, the thesis examines the contemporary role of the CJEU when reviewing the legality of measures of EU law in light of recent developments in the case law. In so doing, procedural theories of judicial review as they have been devlopped in the theory and practice of other jurisdictions are utilised in order to critcally assess their suitability in the post-Lisbon EU legal order.

Supervisors

Primary Supervisor: Professor Kenneth Armstrong.

Advisor: Dr Albertina Albors-Llorens.

Start Date

Oct 2014

End date

Oct 2017