Books in the Ius Commune Casebooks for the Common Law of Europe series

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.

This is the third edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and beyond, by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law, with comparisons to other international restatements (such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in the national laws, in particular the 2016 revisions of the French Code civil as well as the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law Principles, and their interrelation with national law; the role of General Principles; the distinctions between Contract and Property, Tort and Restitution; Formation and Pre-contractual Liability; Validity, including Duties of Disclosure; Interpretation and Contents; Performance and non Performance, Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website:www.casebooks.eu/contractLaw.

This is the complete version of the Casebook on Tort Law, part of which was already published in 1998 under the title Tort Law: Scope of Protection.

This Casebook deals with the horizontal effects of EU law with regard to its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. Whereas the impact of directives on private law has become more or less well-known by now, until recently the developments relating to primary EU law were hardly noted by private lawyers due to their inexperience in the field of EU law; and those developments were perhaps not sufficiently explained by scholars of EU law due to their inexperience with private law. Although the focus of this Casebook is on the effects of developments in primary EU law (in particular TFEU provisions, general principles and Charter provisions), secondary EU law must not remain out of sight. The CJ case law relating to (non-)implementation of directives (including harmonious interpretation of national law and Francovich liability of Member States) is interesting in theory and important in the practice of the Member States. The same is true for the ex officio application of provisions of consumer law directives imposed by CJ case law relating to this subject. It is not the intention to enter into the details of secondary law, eg the way in which individual directives are interpreted by the CJ or transposed in specific Member States or how the transposing legislation is interpreted in Member States.

The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law.

This casebook aims to uncover common roots of the European legal systems with a view to strengthening the common legal heritage of Europe.

The casebook contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions in Europe and beyond.