Towards Process-Oriented Proportionality Review In The European Union

This is the final version of the article. It first appeared from Wolters Kluwer via http://www.kluwerlawonline.com/abstract.php?area=Journals&id=EURO2017006This 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 reconceptualization 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

The Constitutional Court of a More Mature Legal Order: Constitutional Review by the Court of Justice of the European Union

This thesis examines the changing role of the Court of Justice of the European Union (CJEU) from the perspective of its task of conducting constitutional review of EU legislation. It addresses a gap in the existing literature by providing a systematic analysis of how the methodology and intensity of constitutional review has changed over time. By focusing upon federalism and fundamental rights cases, it argues that a series of significant shifts may be detected in the jurisprudence of the Court since the coming into force of the Lisbon Treaty. In marked contrast with earlier periods in its history, the Court now subjects EU legislation to high-intensity review in cases of serious interference with the EU’s core constitutional principles. The Court has also adopted an increasingly “process-oriented” approach to constitutional review in recent years. This involves heightened scrutiny of the legislative process and evidence base upon which contested EU legislation was enacted. The result has been a gradual infiltration of procedural review into constitutional adjudication. These developments in the methodology and intensity of constitutional review form the basis for evaluating the changing role of the CJEU over time. It is contended that the case law reveals much about the contemporary, post-Lisbon role of the Court and, crucially, how this differs from previous periods in the history of European integration. Whereas the Court has long been criticised for failing to subject EU legislation to meaningful judicial scrutiny, there is growing evidence that the Court now takes its responsibility for constitutional review more seriously. Furthermore, recent judgments demonstrate the Court to be an institutional actor that is responsive to the wider legal and political context in which it now operates. These developments give rise to a reconsideration of exiting accounts which depict the CJEU as an “activist” or unwaveringly “pro-integrationist” institution. When viewed from the largely unexplored perspective of the evolution of constitutional review, it is concluded that the Court now engages in a finely calibrated, variable intensity approach to such review. In so doing, the Court has finally assumed the role of a veritable Constitutional Court whose primary role is one of upholding the checks and balances within a more mature EU legal order

Secondary school educational practitioners' experiences of school attendance problems and interventions to address them: a qualitative study

School attendance problems are associated with a range of adverse consequences, and educational practitioners play a role in identifying and responding to attendance problems. This qualitative study explored educational practitioners’ experiences of working with students with attendance problems and interventions to address them. Focus groups were conducted with sixteen practitioners across three secondary schools. Data were analysed using thematic analysis. Attendance problems were considered resource-intensive and emotionally challenging. Practitioners expressed difficulty understanding causes, although individual/family factors were emphasised over school factors. A range of interventions were described, including adaptations to school context and providing emotional support. Views on punitive approaches were mixed. Individualised interventions implemented at the first sign of problems, and a team approach, were considered important. Findings highlight the important role of educational practitioners in identifying attendance problems and implementing interventions. Recommendations include early intervention, team-work, and emotional support for students with, and staff responding to, attendance problems

Secondary school practitioners’ beliefs about risk factors for school attendance problems: a qualitative study

School staff have an important role to play in identifying and assisting pupils who require additional support to regularly attend school, but their beliefs about risk factors might influence their decisions regarding intervention. This qualitative study investigated educational practitioners’ beliefs about risk factors for attendance problems. Sixteen practitioners from three secondary schools were interviewed via focus groups. Data were analysed using thematic analysis. Practitioners identified risk factors related to the individual, their family, peers and school. Poor mental health was identified as a risk factor, but practitioners primarily focused on anxiety rather than other mental health problems like depression or behavioural disorders. The overall perception was that school factors were less important than individual, family and peer factors. Implications include a need for increased awareness of the role of school factors in attendance problems, focus on promoting positive peer and pupil-teacher relationships, and collaborative working between young people, families and schools