Introduction to Public Law
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Questions and Answers

What is the primary function of public administration?

  • To generate profit for government entities
  • To enforce laws without collaboration
  • To conduct private business transactions
  • To implement government policy and manage public services (correct)

Which level of government is responsible for managing community services and regulations?

  • Local government (correct)
  • International government
  • Federal government
  • State government

What role do public administrators play in public policy development?

  • They ignore public needs in policy design.
  • They create policies independently of elected officials.
  • They collaborate with stakeholders and elected officials. (correct)
  • They solely enforce existing laws.

What significant aspect of public administration ensures the effective use of resources?

<p>Accountability and transparency (C)</p> Signup and view all the answers

Which case led to significant legal rulings regarding trade within the EU?

<p>Fratelli Costanzo case (A)</p> Signup and view all the answers

What principle was at the core of the Fratelli Costanzo case?

<p>Free movement of goods (D)</p> Signup and view all the answers

In which scenario would public administrators likely interact with the public?

<p>During the execution of public service programs (B)</p> Signup and view all the answers

Which of these is NOT a focus area for state governments within public administration?

<p>Defense (C)</p> Signup and view all the answers

What does Article 117 of the Italian Constitution address?

<p>It regulates the distribution of legislative powers between the State and the Regions. (B)</p> Signup and view all the answers

Which entity has exclusive competence over foreign policy in Italy?

<p>The Central Government (A)</p> Signup and view all the answers

What distinguishes a confederation from a federation in terms of state sovereignty?

<p>A confederation allows member states to maintain independent sovereign status. (C)</p> Signup and view all the answers

What is a consequence of regional devolution?

<p>Central government can withdraw regional autonomy without consent. (C)</p> Signup and view all the answers

What is a primary focus of Obamacare?

<p>To ensure affordable healthcare for all citizens. (C)</p> Signup and view all the answers

Who ultimately must approve the increase in regional autonomy in a system of strong regionalism?

<p>The central government. (D)</p> Signup and view all the answers

What is a shared competence between the State and Regions in Italy?

<p>Education policies. (B)</p> Signup and view all the answers

What must laws respect in Italy when being established?

<p>International obligations and European regulations. (C)</p> Signup and view all the answers

What is the primary focus of public law?

<p>Regulation of government actions and ensuring accountability (A)</p> Signup and view all the answers

Which area of public law specifically deals with issues related to citizens' rights?

<p>Criminal law (B)</p> Signup and view all the answers

What does business law primarily govern?

<p>The formation and conduct of businesses (C)</p> Signup and view all the answers

What is one key purpose of labour law?

<p>To ensure fair treatment in the workplace (D)</p> Signup and view all the answers

Which branch of law involves the rules and regulations established by governmental agencies?

<p>Administrative law (B)</p> Signup and view all the answers

What does the foundation of the Nation State aim to address?

<p>The fragmentation caused by feudalism (D)</p> Signup and view all the answers

Which of the following is NOT a component of labour law?

<p>The enforcement of market competition (D)</p> Signup and view all the answers

What is a shared goal of public law and administrative law?

<p>To protect citizens' rights and public interest (A)</p> Signup and view all the answers

What is the primary purpose of political parties reimbursing electoral campaign expenses?

<p>To ensure fairness among all parties. (B)</p> Signup and view all the answers

Which article of the Treaty of Rome is referenced as allowing the court to review the legality of acts adopted by institutions?

<p>Article 173 (A)</p> Signup and view all the answers

Why is the European Parliament not included in the institutions reviewed by the court regarding legality?

<p>It acts as a legislator, not an executive body. (D)</p> Signup and view all the answers

What function does the general secretary of the Parliament perform in this context?

<p>Deals with refunds of electoral campaign expenses. (C)</p> Signup and view all the answers

What is indicated by the term 'arbitrariness' in relation to the behavior of the administration?

<p>Lack of coherence with established law. (D)</p> Signup and view all the answers

Which of the following statements about the legal framework of the EEC is true?

<p>The rule of law applies to both member states and institutions. (D)</p> Signup and view all the answers

According to the content, what happens if an act adopted by an institution is found to be incoherent with the law?

<p>It will be annulled by the court. (D)</p> Signup and view all the answers

In the context of electoral campaign funding, what is the role of the EU Court of Justice?

<p>To annul acts that do not comply with the law. (B)</p> Signup and view all the answers

What primarily differentiates common law from civil law?

<p>Common law begins with case law and includes legislative aspects. (C)</p> Signup and view all the answers

Which of the following accurately describes substantive law?

<p>It defines the rights and duties that exist within a legal framework. (C)</p> Signup and view all the answers

What is the primary aim of criminal law?

<p>To maintain public order and deter criminal behavior. (A)</p> Signup and view all the answers

Which statement regarding public law is accurate?

<p>It encompasses the structures and operations of government. (A)</p> Signup and view all the answers

What distinguishes legal systems from the State?

<p>The concept of State is broader than that of legal systems. (B)</p> Signup and view all the answers

What is meant by the procedural side of law?

<p>It establishes how rights and duties are enforced in a legal process. (D)</p> Signup and view all the answers

Which of the following best represents civil law?

<p>It encompasses personal disputes, such as family law and contracts. (C)</p> Signup and view all the answers

Which concept refers to the fundamental rules governing a State?

<p>Constitutional law (C)</p> Signup and view all the answers

What does Article 12 of the Treaty of Rome prohibit member states from doing?

<p>Introducing new custom duties in trade with each other (B)</p> Signup and view all the answers

In what year was the Van Gend en Loos case ruled by the European Court of Justice?

<p>1963 (C)</p> Signup and view all the answers

What does the concept of 'direct applicability' imply regarding treaties?

<p>Citizens can claim rights directly from treaties in national courts (D)</p> Signup and view all the answers

According to the content, what must member states do regarding their sovereign rights?

<p>Limit certain sovereign rights for the benefit of EU law (C)</p> Signup and view all the answers

What is a significant aspect of the European Economic Community (EEC) as mentioned in the content?

<p>It creates direct rights for citizens without state intervention (B)</p> Signup and view all the answers

What was the primary issue in the case of the Netherlands regarding Article 12?

<p>The Netherlands sought to interpret Article 12 differently (A)</p> Signup and view all the answers

What institution is NOT affiliated with the European Union as mentioned?

<p>Council of Europe (C)</p> Signup and view all the answers

How is treaty ratification achieved according to the content?

<p>Via approval by national parliaments (C)</p> Signup and view all the answers

Flashcards

What is Business Law?

A body of law that covers commercial transactions and business conduct.

What is Public Law?

A branch of law focusing on the regulation of government actions and ensuring accountability to the public.

What is Labour Law?

A branch of law that regulates the relationship between employers, employees, and labor unions.

Define Administrative Law.

The rules, regulations, and procedures established by government agencies to ensure fair and lawful actions.

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What is Feudalism?

A historical period where fragmented power led to a decentralized system with local lords holding authority.

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What is a Nation State?

A unified political entity with a centralized government, promoting a shared national identity and sovereignty.

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What led to the rise of Feudalism?

The decline of the Roman Empire paved the way for a fragmented world, leading to the emergence of feudalism.

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Why did Nation States emerge?

The emergence of Nation States aimed to overcome the fragmentation of power and establish a more centralised system.

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Legal System

A comprehensive set of rules, organizations, and procedures that govern a particular area. It can be applied to various fields like sports, law, or social interactions.

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Civil Law (Private Law)

A branch of law that deals with disputes between individuals or organizations, typically involving issues like contracts, property, family matters, and personal injuries.

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Criminal Law

A branch of law that defines crimes, regulates how criminals are prosecuted, and sets punishments for criminal behavior. It aims to maintain public order and protect individuals and their property.

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Public Law or Constitutional Law

This branch of law governs the relationship between individuals and the government. It also addresses how the government operates and its different institutions.

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Constitution

A set of fundamental rules that establishes the structure, powers, and principles of a state. It lays out the basic framework of a government.

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What is Law?

Law is a field that is complex and its definitions are hard to pin down. It serves many purposes, but its main goal is to allow people to live peacefully together.

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Substantive Law

This part of the law defines what rights and responsibilities people have. It outlines the rules that guide our actions and interactions.

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Procedural Law

This part of the law dictates how rights and responsibilities are enforced in practice. It outlines the procedures for resolving legal disputes.

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Federalism

A system of government where power is divided between a central authority and regional or sub-state entities. For instance, the United States has a federal system, with power shared between the national government and individual states.

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Confederation

A political system where member entities maintain their sovereignty and autonomy, forming a loose alliance. Each member state retains its independent status and can decide to leave the confederation unilaterally.

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Regional Devolution

A form of government where regions within a state gain a degree of autonomy and influence through economic, social, or cultural factors. It often involves a transfer of power from the central government to the regions.

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Centralized State

A political system where power is concentrated in the central government, with limited autonomy for regional or local entities. The central authority holds significant control over regional affairs and can adjust or withdraw regional autonomy.

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Regional State

A governmental structure where power is shared between the national government and regional governments, with both having distinct powers and responsibilities. This system allows regions to have a degree of autonomy.

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Distribution of Legislative Powers

The distribution of legislative power between the central government and regional governments. It involves defining the specific areas where each level of government has authority to make laws.

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Devolution of Power

The process of transfering power from a central government to regional governments, granting them greater autonomy and authority in their respective areas.

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Fee-for-service Healthcare System

A system of healthcare where individuals bear the cost of medical treatments. In this model, patients are responsible for paying for their own medical expenses.

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Direct Applicability

The principle that a treaty's provisions can be directly applied within a nation's legal system, meaning citizens can directly invoke them in court.

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Clear and Unconditional Provision

A treaty's language is clear and unambiguous, leaving no room for interpretation.

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Sovereignty

The power of national governments to make laws for their own territory.

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Public administration

The practice of implementing government policies and managing public programs and services.

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Supranational Legal Order

The idea that the European Union is a new legal order, different from the sum of its member states' laws. This new order is superior to national laws.

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Local government

A specific area where public administration operates, handling community services and regulations.

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State government

A specific area where public administration operates, overseeing areas like education and public health.

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ECJ (European Court of Justice)

The European Court of Justice, responsible for interpreting EU law.

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Van Gend en Loos Case

The case that established the principle of direct applicability of EU law, meaning that citizens can directly rely on EU law in national courts.

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Federal government

A specific area where public administration operates, handling national policies, defense, immigration, and international relations.

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Accountability

A key principle of public administration, ensuring that laws, regulations, and ethical standards are followed in the use of public resources.

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Direct Rights for Individuals

The right given to citizens by EU law to sue against decisions that violate EU law.

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Transformation

The process of changing a treaty's provisions into national laws.

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Transparency

A key principle of public administration, focusing on the clear and open communication of public actions and information.

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Fratelli Costanzo case

An important case decided by the European Court of Justice in 1993, focusing on trade and competition within the EU.

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Free movement of goods

A fundamental principle of the European Union's single market, allowing goods to move freely between member states without restrictions.

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Reviewing Legality of EU Institutions

The European Court of Justice (ECJ) has the power to review the legality of acts adopted by EU institutions, ensuring that these institutions act within the bounds of the law.

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Principle of Legality

The principle of legality ensures that all actions, even those taken by the EU Parliament, must comply with existing laws and legal frameworks.

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EU Parliament: Legislator, Not Executive

The EU Parliament's role is primarily legislative, meaning it creates laws. It is not considered an executive body that implements those laws.

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EU's Rule of Law

The EU is based on the rule of law, meaning even the EU Parliament must be subject to legal review to ensure it acts within the law.

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Green Party vs. EU Parliament

In this case, the Green Party challenged the EU Parliament's decision regarding electoral refund allocation, arguing it went against the law.

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Consequences of Illegality

EU institutions, including the Parliament, must act consistently with the law, and any action that breaks the law can be annulled by the ECJ.

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Article 173 of the Treaty of Rome

Article 173 of the Treaty of Rome allows for the ECJ to review the legality of acts by certain EU institutions.

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Arbitrariness

Arbitrariness occurs when an institution acts inconsistently with the law, disregarding established legal principles.

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Study Notes

Public Law

  • Public law is a broad category of law that governs the relationship between individuals and the state, as well as the structures and operations of the government itself.
  • It encompasses diverse areas, such as constitutional law, administrative law, and criminal law.
  • Its primary aim is to regulate the government's actions, ensuring accountability to the public and protecting the rights of citizens.
  • Substantive law defines rights and duties, while procedural law outlines the processes for enforcing these rights and resolving disputes.

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Public Law PDF (BAE 2024/2025)

Description

Explore the fundamental aspects of public law, including its relationship with individuals and the state. This quiz covers key areas like constitutional law, administrative law, and criminal law, focusing on government regulation and citizen rights. Test your understanding of both substantive and procedural law in this comprehensive overview.

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