Development

The Ius Commune Casebook Project was set up in 1994 by Prof. W van Gerven and Mrs. A Alvarez.

Initially, the Project received funding from the European Commission and subsequently from Maastricht University. Until 2001, Maastricht University was the sole host of the Casebook Project. The preparation of the Casebooks was coordinated at METRO (the Institute for Transnational Legal Research of the faculty of law of Maastricht University). Academics from Germany, France, the UK and the Benelux countries studied the possibility to prepare Casebooks in various areas and/or were involved in actual preparations. Several staff members of van Gerven's institute at the faculty of law at the University of Leuven were as well involved.

The first phase of the Project led to Casebooks on:

• Tort Law - Scope of Protection
• Tort Law
• Contract Law
• Unjustified Enrichment

The preliminary volume on the scope of protection offered by tort law already saw daylight in 1998. It was launched at Gray's Inn, London on 1 April 1998 in the presence of distinguished members of the academia, the judiciary and the Bar. Free copies have been distributed throughout Europe. In 2000, that volume was included in the first full edition of the Casebook on Tort Law. The first edition of Contract Law appeared in March 2002. After the publication of the volumes on Tort Law, professors J Beatson and EJH Schrage, who were developing a Casebook on Unjustified Enrichment, consulted with Prof. van Gerven and agreed to restructure their manuscript in accordance with the functional approach which is typical for the Ius Commune Casebooks in order to include their book in the Casebook series. The Casebook on Unjustified Enrichment was published in June 2003. The preparation of volumes on Company Law and Judicial Review of Administrative Action has been suspended.

In 2001, the second phase of the Project has been launched. The faculty of law of the Katholieke Universiteit Leuven joined the Faculty of Law of Maastricht University as second host of the Casebook Project. Since 1995, both faculties already cooperated closely in the framework of the Ius Commune Research School. Each faculty now supports and sponsors the development of several new casebooks. In Maastricht, METRO remained at the centre of activities. In Leuven, the Centre for a Common Law of Europe (Leuven CCLE) supports the development of the new casebooks, yet always in close cooperation with the study centres or institutes of the editors of the concerned volumes.

Ever since, several new task forces have been set up.

In 2004, a team embarked upon a Casebook on Non-Discrimination Law. Its development was part of a larger project entitled: "Stimulating Public Interest Litigation at a Pan-European Level - Raising Knowledge and Imparting Skills" which was funded by the European Commission within the framework of the "Community Action programme to combat discrimination, 2001-2006". The casebook on Non-Discrimination Law has been published in summer 2007. It is interesting to note that it is the first volume to take the Casebook series beyond the narrow confines of private law, and, that it is the first volume in the series which builds on source material from all present 27 EU Member States.

A number of other task forces which has been set up over the past years is currently still preparing other new volumes. Their work will address the following subject areas:

• Civil Procedure (coordinated at Maastricht University)
• Consumer Law (coordinated at the University of Leuven)
• Labour Law (coordinated at the University of Leuven)
• Law and Art (coordinated at Maastricht University)
• Property Law (coordinated at Maastricht University)

In the course of the past years, new members reinforced the task forces on Contract Law and Tort Law. They convened again and started working on:

• a second revised edition of the Casebook on Contract Law
• a second revised edition of the Casebook on Tort Law

The Casebooks on Property Law and the second edition of Contract Law are expected in 2008. Consumer law is likely to go to printer at the end of 2008 and the other volumes will appear in the course of 2009 or later.

At the time of writing (summer 2007) several persons have expressed interest to endeavour to set up teams in order to develop casebooks on constitutional law, construction law, insolvency law and insurance law. Further information on these initiatives will be made available on this website as soon as the teams will have been composed fully and will have effectively started their activities.

In 2006, time was considered ripe to bring together the members of various task forces so as to allow them to share their experiences and learn from each other. With the support of the Ius Commune Research School, the Leuven Centre for a Common Law of Europe organised an international conference on "The Bottom-Up Approach to Comparative Law". The event took place on Thursday 21 December 2006. Its main aim was to address and refine the understanding of the methodological aspects of comparative bottom-up research in law. Distinguished speakers set out a theoretical framework during the morning session. In the course of the afternoon, representatives of the task forces on property law, consumer law, contract law and non-discrimination law connected and discussed the theoretical insights to and in view of their own practical experience.

The Ius Commune Project is obviously an ongoing project. It is hoped that some of the users of the books will volunteer for co-operation. Do not hesitate to contact the research coordinator if you show interest in participating in the Ius Commune Casebook Project.

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