Early Career Fellow in European Union Law


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  • Email: Darren.Harvey@ed.ac.uk
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Biography

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.

Research Interests

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.

Teaching

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)

 

Biography

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.

Courses Taught

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)

Articles

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

Chapters

Darren Harvey, Steve Peers, 'Brexit ' in Catherine Barnard, Steve Peers (ed.) European Union Law (Oxford University Press 2017) 836

Working Papers

Katie Boyle, Pritchard Huw, Anni Pues, Kirsteen Shields, Adrienne Yong, Rebecca Zahn, Alan Greene, Darren Harvey, Davor Jancic, Amanda Kramer, Tobias Lock, Kasey L. McCall-Smith, Nina Miller, Niall O'Connor, 'Brexit, Rights and Devolution ' 2019
Abstract: This report records the final meeting and roundtable of the Brexit and Rights Engagement Network (BREN) on Friday 7 December 2018 at the Bingham Centre for the Rule of Law in London. Attendees at the roundtable included network members, fellow academics, representatives of the UK Government, the Northern Ireland Human Rights Commission, law firms, civil society, and NGOs.This roundtable followed two successful roundtables held at Edinburgh and Belfast earlier in the year. It combined the topics of both and brought all available network members together. The purpose of the roundtable was to ignite debate amongst legal scholars and policy makers, and others working in a rights and devolution environment relating to interpretation, adjudication and enforcement of rights in the lead up to, and following “Brexit Day,” (29 March 2019). This report is split into four sections mirroring the programme of the day. Part A considers the adjudication of EU rights, but also their enforcement under the 2018 Act and the Withdrawal Agreement. Part B is dedicated to the same broad theme but focuses on ‘options for the post-Brexit future’. Part C deals with possible development and opportunities as far as rights and devolution are concerned; and Part D shows how Brexit affects the devolution settlement.

Darren Harvey, 'Implementation of Brexit in the UK ' 2018