Chris Backes - Böcker

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.

In various European countries such as France, Italy, and the Netherlands, lawmakers have adopted legislation in order to deal with the consequences of the economic crisis. These laws contain provisions aimed at speeding up administrative decision making and judicial proceedings which have an impact on various provisions of general administrative law. Alongside the aim of facing the economic crisis, these measures aim to make administrative law more up-to-date and ensure it meets the needs of contemporary society.However, acceleration measures concerning decision-making and judicial proceedings may clash with the need to preserve the quality of these proceedings. On the one hand, swift procedures can be considered to be one aspect of high-quality decision making. On the other hand, other aspects of quality such as public participation and the thorough consideration of all relevant aspects and interests, may be at risk when the speed of decision-making is the only focus of reforms.Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on these issues, together with a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions.The book will be of interest to academics of European and comparative administrative law, as well as policy-makers at the national and European level.

Over the last decades, environmental law has significantly contributed to limiting pollution and decoupling economic growth and negative environmental effects. However, current challenges require out-of-the-box solutions, integrated and inclusive approaches of both public and private actors and cross-border sets of instruments. This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability.This book focuses on issues such as what legal instruments optimally encourage disruptive breakthroughs and where law may actually hamper sustainable innovations and solutions. It examines conceptual issues and specific legal tools, not only from an EU law perspective, but also from national and international law perspectives. Alongside general discussions about the role that law plays in encouraging sustainability, the book also concentrates on substantive areas in which transition processes to sustainability are urgently needed: the transition to a low carbon economy in order to comply with the Paris Agreement for climate change, the transition to a holistic management of water resources to achieve water security and the transition to halting the loss of biodiversity.The different contributions make clear that until recently, law played a limited role and should be further developed and improved to better align with the more general aim to move towards a sustainable society. This book can serve as an inspiration for further discussion on the role of law as a tool for supporting the transition to a sustainable future.