Public and Civil Law Overview

A codified body of law that forms the basis of a legal system. It provides a comprehensive set of rules that govern a specific area of law.

A legal system where judicial decisions (precedents) are the primary source of law and are binding on future cases.

A legal system based on written codes and statutes. Laws are primarily derived from legislative enactments.

A set of legal rules that are common to all parts of a country, ensuring uniformity across different jurisdictions.

A legal system where judges interpret and apply existing law to new situations, creating precedents that bind future courts.

The process of creating a comprehensive set of laws that codifies and systematizes a legal system.

The principle that similar cases should be decided similarly, based on established precedents.

A system where courts of different levels exist, with higher courts having authority to review decisions of lower courts.

A system of government where power is divided between a central authority and smaller political units, like states or provinces. Both levels have specific powers outlined in the constitution.

A type of government where the central authority holds most of the power, leaving little for regional or local governments.

A form of government combining aspects of federal and unitary systems. While power is concentrated at the central level, significant authority is delegated to regional governments.

A union of sovereign states where each member retains most of its independence but agrees to cooperate on shared interests. The central authority is weak and relies on powers delegated by member states.

The division of law-making power between different levels of government, like national, regional, or local.

In a federal system, the constitution outlines the respective powers of the central and regional governments. This ensures certain issues are addressed by the national government, while others are handled by regional authorities.

The Obama case refers to a scenario where the allocation of legislative powers is a key issue. It challenges how to balance the powers of the federal and state governments.

A trade agreement where countries eliminate tariffs (custom duties) among themselves while maintaining their individual tariffs on goods from external countries.

A type of trade agreement where participating countries establish a common external tariff, meaning they apply the same tariff rate to imported goods from outside the zone.

The concept of allowing factors of production (labor, capital, goods, and services) to move freely within a common market.

A market where goods, services, capital, and labor move freely between member states, aided by common policies such as a unified external tariff.

The protectionist policy of imposing customs duties (tariffs) on imported goods to discourage their consumption and encourage the purchase of domestically produced goods.

The principle of a single currency, monetary policy, and central bank adopted by countries in a monetary union.

The European Economic Community (EEC) aimed to create a common market, eliminate tariffs, and facilitate the free movement of goods, services, capital, and labor among member states.

The case focused on the interpretation of European Community Law and its supremacy over national law. It established the principle that EU law directly applies within member states and overrides conflicting national laws.

A legal principle in EU law that allows certain provisions of EU treaties to be directly applicable in member states without the need for national implementing legislation.

The European Court of Justice (ECJ) case that established the direct effect of EU law, allowing individuals to rely on EU law in national courts.

A legal principle where a treaty provision is clear and unconditional, requiring no further interpretation or implementation by member states.

The European Economic Community (EEC) established a new legal order, exceeding traditional international law, where individuals can claim rights directly from EU treaties.

The limitation of national sovereignty by member states to ensure the proper functioning of EU law and institutions.

The European Union (EU) is a supranational institution with its own laws and institutions, having authority over member states.

EU law imposes obligations on individuals and confers them with rights directly, without the need for intermediaries.

The European Convention of Human Rights (ECHR) is a separate convention from EU law, established by the Council of Europe, which aims to protect human rights in Europe.

The principle that all actions by the European Union, including those of its institutions, must comply with the law and be subject to judicial review.

The ability of the European Court of Justice to examine the legality of decisions made by EU institutions, ensuring they act within the bounds of the law.

The EU Parliament, despite being the legislative body, is still subject to judicial review by the European Court of Justice. This ensures that the Parliament's actions are in line with EU law.

The European Parliament is not included in the list of institutions whose legality can be reviewed by the Court of Justice because it is primarily a legislative body, not an executive one.

The European Court of Justice has the power to annul an act of an EU institution if it violates EU law.

The European Court of Justice ensures that the administration of the EU, including the European Parliament, follows the law and acts within its specified powers.

The review conducted by the ECJ focuses on whether the law was applied correctly, not whether it was fundamentally right or wrong.

The potential for actions of EU institutions to be arbitrary, or based on personal preference rather than law, needs to be prevented through judicial review by the ECJ.

Human rights that are inherent to all human beings and cannot be taken away, including freedom of speech, religion, and association. They are universal and apply to everyone, regardless of nationality, ethnicity, gender, or any other status.

Rights that individuals hold in relation to their private lives, such as the right to privacy, freedom of association, and freedom from discrimination. These are typically guaranteed by legal systems, such as constitutions or human rights conventions.

The Charter of Fundamental Rights of the European Union is a legally binding document that guarantees the fundamental rights and freedoms of individuals within the European Union. It encompasses fundamental freedoms like civil, political, economic, and social rights.

Rights that are designed to protect the dignity, freedom, equality, solidarity, and justice of individuals. These might include rights to work, education, healthcare, and protection from discrimination. They are often enshrined in constitutions and human rights conventions.