Darren Harvey joined Edinburgh Law School in August 2017 having spent the previous three years writing his doctoral thesis at the University of Cambridge. He holds a Master of Laws (LLM) degree in European Law and Integration from Saarland University, Germany and an LLB (Hons) from The University of Edinburgh.
Darren's main research interests lie in European Union Law, Comparative Constitutional Law, UK Public Law and Judicial Review. His publications to date have focused on the Court of Justice of the European Union and its judicial review function. He has also published journal articles on the role of national parliaments in the EU and the legal implications of Scottish independence. Most recently, he has been actively involved in the debate over the UK's withdrawal from the EU, contributing journal articles, book chapters and blog posts on the roles that the EU institutions are likely to play throughout the process.
Scottish Legal System (Ordinary)
European Union Law (Ordinary)
Public Law and Individual Rights (Ordinary)
Withdrawal from the EU and the Law (Brexit) (Hons)
Withdrawal from the EU and the Law (Brexit) (LLM)
EU Constitutional Law (LLM)
European Environmental Law (LLM)
European Competition and Innovation (LLM)
Brexit: Legal Issues around an Exit from the EU (Honours)
European Union Law (Ordinary) A (Ordinary)
Scottish Legal System (Ordinary)
Books and Reports
Darren Harvey, The Adjudication and Enforcement of Rights After Brexit, (Brexit and Rights Engagement Network (BREN), 2018)
Darren Harvey, 'European Union Law: A Very Short Introduction - Anthony Arnull', (2018), European Law Review, Vol 43, pp 460-461
Darren Harvey, 'What role for the European parliament under article 50 TEU? ', (2017), European Law Review
Abstract: Following the United Kingdom’s vote to leave the European Union in a national referendum there has been much debate over the correct legal process to be followed under both domestic law and the EU Treaties to give effect to this decision. This paper seeks to contribute to these discussions by focusing on an aspect of the withdrawal process which, in the author’s view, has not been given full consideration to date; namely, the need for the consent of the European Parliament before any withdrawal agreement may be completed.
Darren Harvey, 'Towards process-oriented proportionality review in the European Union ', (2017), European Public Law, Vol 23, pp 93-121
Abstract: This article provides an analysis of contemporary case law and subsequent academic commentary which suggests that a more process-oriented approach to proportionality review has recently been taken by the Court of Justice of the European Union. It argues that the manner in which process oriented review has been utilized gives rise to a fundamental re-conceptualization of the nature of the proportionality test at the EU level; moving away from a substantive, merits based concept of review towards something more akin to a procedural obligation to state the reasons which underpin a contested measure. The article highlights some of the problems that have arisen from this shift in approach from both a doctrinal and a theoretical perspective, whilst demonstrating the inconsistent way in which the Court has formulated and applied process-oriented proportionality review to date.
Darren Harvey, Niall O'Connor, 'European dimensions: UK Supreme Court Yearbook', (2016), Cambridge Journal of International and Comparative Law, Vol 6, pp 289-301
Abstract: UK Supreme Court Yearbook
Darren Harvey, Niall O'Connor, 'European Dimensions ', (2015), Cambridge Journal of International and Comparative Law, Vol 4
Darren Harvey, Oskar Gstrein, 'The Role of National Parliaments in the European Union ', (2014), ZEuS Zeitschrift für Europarechtliche Studien, Vol 17, pp 335-359
Darren Harvey, 'Secession and dissolution in European Union member states: A prospective analysis of the consequences for European Union membership', (2013), ZEuS Zeitschrift für Europarechtliche Studien, Vol 4
Darren Harvey, Steve Peers, 'Brexit ' in Catherine Barnard, Steve Peers (ed.) European Union Law (Oxford University Press 2017) 836
Darren Harvey, 'Implementation of Brexit in the UK ' 2018