Casebook on Judicial Review of Administrative Action: a bottom-up, case-based comparative examination of judicial review systems and how they have been shaped by European law
January 14th, 2016 by Maastricht Law
Dr. Mariolina Eliantonio, LL.M.
The proposed project consists in the preparation and launch of a casebook on Judicial Review of Administrative Action and a supporting website. By comparing the French, German, English, Dutch and EU legal orders, the casebook aims at investigating the similarities and differences between the legal systems, as well as the influence of European legislation and case law in this area. The website will provide an interactive tool which will complement the casebook as well as allow the project to develop further in order to keep it up to date with the legal developments and to include other legal systems which are not covered in the casebook itself.
This casebook should be seen in the framework of the ‘Ius Commune Casebook Project’ which, through cooperation among legal scholars from all over Europe, enables academics and students across Europe and beyond to study and discuss the same leading cases and materials. The casebooks combine extracts from national case law and other sources with excerpts from the European level and thus take a ‘bottom-up approach’ to the study of the law. Introductions, explanatory and comparative notes and questions tie the materials together and put them in context. As hinted upon by the series title (“Ius Commune Casebooks for the Common Law of Europe”), the casebooks also intend to uncover common principles underlying legal systems (see http://www.casebooks.eu).
Passing through the stages of writing country reports, selecting relevant excerpts of cases and materials and uploading them onto a dedicated online system, and ultimately drafting comparative chapters focused on specific issues of judicial review, and after four meetings of the authors, the first final output of this project will be a book, which will be published with Hart Publishing. The second output will be a supporting website for the casebook, which will complement the latter and allow the project to be constantly updated and expanded. The third output will be a book launch conference, during which the main conclusions of the book (and its supporting website) will be presented and the general theme of Europeanisation of judicial review systems will be discussed.
November 2015 / October 2017