Public and Civil Law Overview

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Questions and Answers

Which right is NOT specifically emphasized in the European Convention on Human Rights?

Right to a fair trial

Right to life

Right to a public education (correct)

Freedom from torture

What is the main role of the European Court of Human Rights?

To adjudicate human rights violations claimed by individuals and states (correct)

To implement EU law across member states

To draft new treaties for member states

To provide legal training for government officials

Which of the following best describes the Charter of Fundamental Rights of the European Union?

An agreement that is not legally enforceable

A comprehensive framework for civil and social rights within the EU (correct)

A summary of public rights without legal implications

A binding document that primarily outlines economic rights

What type of rights are associated with freedom of expression and assembly?

Public rights Signup and view all the answers

Which principle is NOT typically included in the Charter of Nice?

Social rights Signup and view all the answers

What was the primary aim of the European Economic Community (EEC)?

To facilitate free circulation of goods, services, capitals, and workers Signup and view all the answers

Which Treaty expanded the EEC from merely an economic project to include political aspects?

The Treaty of Maastricht Signup and view all the answers

What is the purpose of custom duties within EU member states?

To protect national economies by encouraging local products Signup and view all the answers

Which of the following is NOT considered one of the 'four freedoms' in market integration?

Free movement of services Signup and view all the answers

Which European legal case is associated with the question of customs duties within the EU?

The Van Gend en Loos case Signup and view all the answers

What significant change occurred at the end of the 1970s regarding the European Parliament?

Members began to be directly elected Signup and view all the answers

Which institution was introduced that allowed for the adoption of a charter of rights and EU citizenship?

The Treaty of Amsterdam Signup and view all the answers

What extension option was allowed by the Treaty of Lisbon for member states?

To opt out of the European Monetary Union Signup and view all the answers

What was a primary reason for emperors to support legislative codification?

To centralize power and gain consent from the populace Signup and view all the answers

What is the primary reason political parties seek reimbursement for electoral campaign expenses?

To ensure equality among parties in campaign financing. Signup and view all the answers

Which statement best describes the relationship between local courts and the king's court in the Common Law system?

Local courts were subordinate to the king's court and had to follow its interpretations. Signup and view all the answers

What primarily influenced the content of the Common Law?

Judicial decisions that established general norms Signup and view all the answers

What is the main focus of article 12 of the Treaty of Rome?

It prohibits member states from introducing new custom duties. Signup and view all the answers

Which article in the Treaty of Rome allows the court to review the legality of acts adopted by institutions?

Article 173 Signup and view all the answers

How did the king's courts contribute to the development of a common legal order?

They created a singular set of legal principles applicable throughout the entire kingdom. Signup and view all the answers

What does direct applicability of a treaty imply for citizens?

Citizens can claim their rights in national courts. Signup and view all the answers

What role does the general secretary of the European Parliament play related to electoral campaign expenses?

To deal with refunds of electoral campaign expenses. Signup and view all the answers

What characterizes civil law in contrast to common law?

Civil law relies on comprehensive legislation that governs individual relationships. Signup and view all the answers

Why is the European Parliament not included among institutions whose legality can be reviewed by the court?

Because it only serves a legislative function. Signup and view all the answers

What significant change did the Van Gend en Loos case bring about regarding treaties?

It established that treaties can impose rights directly on individuals. Signup and view all the answers

What must happen if an act adopted by an institution is found to be incoherent with the law?

It will be annulled by the court. Signup and view all the answers

What concept does the term 'supranational institution' imply in the context of EU law?

EU institutions can impose laws that member states must follow. Signup and view all the answers

What is one essential characteristic of legislative codifications?

They serve as a definitive reference for the legal system's nature. Signup and view all the answers

How does article 12 of the Treaty of Rome affect the sovereignty of member states?

It restricts sovereignty by prohibiting certain national customs. Signup and view all the answers

What is the function of legality in the context of the European Union's legal system?

To protect human rights and prevent arbitrariness. Signup and view all the answers

Which feature is common to both the law and equity branches of the Common Law?

They both are heavily influenced by judicial decisions. Signup and view all the answers

What was the king's role in establishing the common law system during the feudal period?

To serve as the sovereign judge and source of justice. Signup and view all the answers

What does the term 'arbitrariness' refer to in legal proceedings within the EU?

Decisions made without following established laws. Signup and view all the answers

What was a key argument or concern expressed by countries like the Netherlands regarding article 12?

A need to interpret the prohibition on custom duties. Signup and view all the answers

In what way does community law affect individuals within the EU framework?

It creates individual rights and imposes obligations. Signup and view all the answers

Which of the following must be ensured to maintain legality in the EU?

Oversight by a neutral judiciary. Signup and view all the answers

What was the revolutionary aspect of treaties effective without further legislative action, as noted in 1963?

Treaties could provide direct rights to individuals. Signup and view all the answers

What characterizes a federal state in terms of governmental power distribution?

Power is divided between a national authority and smaller political units. Signup and view all the answers

Which of the following is a key feature of a unitary state?

Majority of power resides with a singular central authority. Signup and view all the answers

How does a regional state differ from a federal state?

It combines elements of both unitary and federal systems. Signup and view all the answers

What is a defining characteristic of a confederation?

Member states retain sovereignty and significant powers. Signup and view all the answers

What is meant by the allocation of legislative power?

A method for dividing law-making authority among various government levels. Signup and view all the answers

In a federal system, which entity typically holds the power to make laws on specific issues?

Both national and regional governments based on constitutional provisions. Signup and view all the answers

What might be a challenge in a case involving the allocation of legislative power?

Conflicts arising from overlapping jurisdictions between governments. Signup and view all the answers

Which of the following models of government allows for the least decentralization of power?

Unitary state Signup and view all the answers

Study Notes

Public Law

Public law is a broad area of law encompassing several key aspects.
It governs the relationship between individuals and the government.
It details the structures and operations of government.
Key areas of public law include constitutional law, criminal law, and administrative law.

Civil Law and Common Law

Civil law originates from the Roman Empire.
Common law has its origins in the English feudal system.
These two systems are converging.
Civil law relies on statutes; common law relies on judicial precedent.

The Civil Law System

Civil law is rooted in codified legal principles rather than judicial precedent.
Emperors like Justinian sought comprehensive legal codes to regulate all aspects.
Codification promotes a degree of legal certainty.
A civil code is a comprehensive set of rules for various topics.

The Common Law System

Common law emerged in England from feudal law and court decisions.
It depends heavily on precedent, as a decision made by a superior court in a similar case affects subsequent cases.
Common law courts are hierarchical.
The king's courts played a key role in spreading common law throughout the country.

Sources of Law

Laws are subject to interpretation.
A crucial aspect of law is the need for interpretation to prevent conflict and create consistency.
The principles of precedence (lex posterior derogat priori), and superiority (lex superior derogat inferiori) are key parts of legal interpretation.
Lex posterior derogat priori: later laws supersede earlier laws.
Lex superior derogat inferiori: higher laws prevail over subordinate laws.

Constitutional Law

The foundation of the Nation State is based on important historical events, such as the Peace of Westphalia (1648), which established the concept of state sovereignty and nationhood.
The Modern State is characterized by three fundamental elements: territory, people, and sovereignty.

Federalism

Federal states divide power between a central authority and constituent units, such as states or provinces.
Federal systems have specific constitutional provisions regarding the allocation of legislative powers.
Allocation of judicial power also depends on the constitution and state arrangements.

The European Union Legal System

The EU is an international organization with the Treaty of Rome – EEC.
It strives for economic integration, peace, and prosperity through a shared market.
EU law holds supremacy over national laws.
The decision on how to organize and run the legal system of the European Union comes from the Treaty of Lisbon and later treaties.

Marbury v. Madison

This landmark case established the principle of judicial review.
The Supreme Court determined that laws inconsistent with the Constitution are invalid.
This case clarified the relationship between different branches of the federal government.

The Van Gend en Loos Case

This case established the principle of direct effect.
EU law can be applied directly in national courts without the need for implementation by national legislation.
EU law takes precedence over national law.

Public Law (additional)

Public administration is vital for implementing governmental policies, managing public services, and enacting other critical programs and regulations, upholding both public rights and freedoms.
Public administration is essential for the efficient functioning of a state.

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Description

Explore the fundamental distinctions between public law, civil law, and common law in this quiz. Understand how these legal systems govern the relationship between individuals and the government, and the historical roots of civil and common law. Test your knowledge on key concepts and principles that shape today's legal landscape.