This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action 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 increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

A new volume in Hart's successful textbook series on the Ius Commune common law of Europe, focusing on judicial review of administrative action.

About the Author
Chris Backes is Professor of Environmental and Planning Law at Utrecht University. Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure at Maastricht University. The team were advised by Professor Jean-Bernard Auby (Sciences Po, Paris) and Professor Jacques Ziller (University of Pavia) with the collaboration of Emilie Chevalier; Franziska Grashof; Anika Klafki; Thomas Perroud; Hermann Punder; Michael Varney; Rob Widdershoven and Dimitri Droshout.

Reviews
The incredible richness of the materials collected in this book and the soundness of the in-depth analysis provided in all the chapters will certainly represent a very useful resource for classes and research in comparative administrative law and judicial systems. -- Giulio Napolitano, University of Roma Tre * Review of European Administrative Law *



Book Information
ISBN 9781509921478
Author Chris Backes
Format Paperback
Page Count 1032
Imprint Hart Publishing
Publisher Bloomsbury Publishing PLC
Weight(grams) 1792g