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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.

This book is the first in a series which explores if, and to what extent, there is a common core of shared and connecting elements within the legal systems. It looks at government liability in tort as an entry point for the whole comparative research on the ‘common core of European administrative laws’. The book focuses on administrative procedure. It is divided into four parts. Part I sets the stage, explains the distinctive features of the new research, and deals with issues in methodology. Part II looks briefly at the constitutional and cultural framework in which government liability operates. Part III focuses on the main research done by presenting the case studies and supplying the answers to the hypothetical cases, which are at the heart of the ‘factual method’. Finally, Part IV compares and contrasts the information provided from Part III. It examines both the commonalities and the distinctive traits of these legal systems with a view to understanding their ‘common core’.