Abstract
Abstract This chapter focuses on some central precepts of substantive review. The discussion begins with the meaning accorded to the concepts of law, fact, and discretion in EU law. This is followed by examination of the test for review for questions of law. The focus then shifts to review of fact and discretion. The test for review and the meaning accorded to it in the early case law is explicated. This is followed by an examination of the more recent jurisprudence, and it is shown that the EU courts have used the tests for review more intensively than hitherto, although there may be some modification of this in some recent case law. The final two sections of the chapter contain broader reflections on the standard of review emerging from the case law in relation to fact and discretion, respectively.
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