Casebook Judicial Review of Administrative Action

Maastricht, Netherlands

27 October 2017

The Ius Commune Casebook on Judicial Review of Administrative Action studies the law governing judicial review throughout Europe. It concentrates on the foundations and underlying principles of judicial review and examines topics such as the organisation of judicial review in administrative matters and the types of administrative action and corresponding kinds of review. Profound attention is devoted to the conduct of the court proceedings, the grounds for review and standard of review and the remedies available in judicial review cases. For these aspects, the relevant rules and national case law of Germany, the United Kingdom, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the European Court of Human Rights as well as to the influence of EU initiatives and the case law of the European Court of Justice in the various jurisdictions is also brought into the analysis. Furthermore, the system of judicial review of administrative action applicable before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been recognized more and more. However, the way in which national systems of judicial review cope with the requirements imposed by EU law differs substantially. The Casebook compares the primary sources (statutes, case law etc.) of the legal systems covered, and the differences and similarities of the systems are explored: this examination enables us to answer the question to what extent a ius commune of judicial review of administrative action is developing. 



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