Legal History Of Europe Flashcards

1
Q

What were the different interpretations of what defines Europe

A
  1. The term Europe comes from Europe, a princess whom Zeus abducted from Tyrus
    to Kreta. Zeus had fallen in love with Europe so he decided to take her with him where he lived, Kreta. (Crete)
  2. The term Europe is also believed to refer to what was once the Roman Empire
  3. Another way to refer to the origin of Europe is by defining it by its religious nature
    that originated in the Holy Roman Empire (judeo and Christian tradition).
  4. Europe could also symbolize what was once the Ottoman Empire (which Turkey
    was also part of).
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2
Q

When was Europe called Napoleonic Europe

A

1812

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3
Q

What did the congress of Vienna in 1815 aim to do

A
  • After Napoleon’s defeat in 1813, the whole Empire had to be reevaluated.

-the congress aimed to decide what should be the future of Napoleon’s legacy

-objective: restore the old balance of the Empire and prevent the waging of war

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4
Q

Who was Claude Henri

A

-write a book-> (On the reorganization of the European Society of 1814)

-before the congress of Vienna took place

-book was on how to prevent future wars in Europe form a legal point of view

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5
Q

What was teh main problem, that Claude Henri discusses in his book, regarding the presentation of wars in Europe

A

-The main problem according to him was that counties would always rely on treaty laws in order to prevent wars.

-The solution was to hand part of their sovereignty – instead of written treaties, countries should transfer their power.

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6
Q

What happened when Claude Henri’s ideas were not implemented

A

• The Vienna restoration was not able to prevent wars:
- Establishment of a new German Empire in Versailles in 1870 - German French war
- WWI: ended in 1919 by Peace treaty of Versailles
- WWII: caused in part by Dictate of Versailles (Hitler)

• In 1919 the League of Nations was established as an intergovernmental organization (no transfer of power was needed) - progress can be seen in the Pact of Paris - WWI

• In 1945 the United Nations was established as an intergovernmental and supranational organization - Iraq invasion

-> so wars continued

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7
Q

After the capitulation for the German army in 1945 and Hitler’s suicide, what state was established and what plan was created?

A

-Stunde Null was announced

-plan to settle the future of the country: the Morgenthau plan

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8
Q

What was the Moregnthau plan 1944

A

-plan proposed the creation of a primarily agricultural society by dismantle all industry in Germany

  • decision was made at the Yalta Conference 1945:
  1. Denazification
    2.Demilitarisation
  2. Germany was to be divided between the allies into occupation zones
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9
Q

After the Second World War what two powers determined the fate of the world

A

-US
-USSR

-> COLD WARRRRRR

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10
Q

What were the two main threats during the Cold War

A

-communism e.g e.g. in 1948, a communist coup d’etat took power with Stalin’s assistance to invade Czechoslovakia

-The cold war which had Russia and US as opponents.
-> Russia claimed spheres of interests

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11
Q

Who was Winston Churchill

A

-important figure during the Cold War who coined the terms ‘iron curtain’

-in 1946 he promoted the European Movement

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12
Q

In 1948, Winston Churchill pronounces his ideas regarding the European Movement in The Hague, what are they?

A
  • Political union
  • To safeguard human rights
  • To establish a European Parliament and Court
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13
Q

What was the impact of the European Movement

A

-the creation of the Council of Europe in Strasburg (1950).

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14
Q

What was the treaty of Utrecht 1713

A

was an agreement between Britain and France, concluded on 11 April 1713 at Utrecht in the Netherlands, as part of the series of treaties ending the War of the Spanish Succession.

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15
Q

what was the kellogg-briand pact of 1928

A

international agreement in which states promised not to use war to resolve “disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them”.

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16
Q

What does Stunde NulL mean

A

Zero hour

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17
Q

When was the European Convention on Human rights created

A

1950

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18
Q

Is the rulings of the European court in Strasbourg binding

A

Yes, brining on the state that is a party in the proceedings

-> a ruling can also act as a precedent for other European countries that are not directly involved in the proceedings.

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19
Q

What does article 267 TFEU from the EU treaty state

A

does not make it compulsory for the highest national judges to submit a case to the European Court in Strasburg in a preliminary ruling.

20
Q

What was the 1979 Marckx case

A

A not-married mother had given birth. According to Belgium law, there was no legal bond between mother and child without marriage – she had to either adopt her child or appeal to the court to recognize maternity. However, in both cases, the child would always have fewer inheritance rights than a child born within a marriage.

21
Q

What did the ECHR rule in the Marckx case 1979

A

-The European court ruled that there was a violation of family rights according to the ECHR. -> Belgium, therefore, was obliged to amend their own civil code.

-The Dutch legislator realized that the new BW did not comply with the criteria of the Court either, therefore in 1982, a change was made – an illegitimate child not only has family-law relations to its mother but also to the mother’s blood relatives.

22
Q

What was the purpose of the ECHR treaty

A

-rights against government

  1. Right to life
  2. Ban on torture
  3. Ban on slavery (forced labour)
  4. Right to fair trial
23
Q

what was the Hirst v. Uk case 2005 ECHR

A

the ECtHR ruled that the UK’s ban on all serving prisoners from voting contravenes Article 3 of Protocol No 1 of the European Convention on Human Rights (ECHR)

24
Q

what was the HUman rights act 1998

A

The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.

25
Q

What was the aim of teh Marshall plan 1947

A

Intended to recover EU’s economy

26
Q

How did Germany become a Trizonia

A

France upheld opposition to the British and American attempts to the reinstatement of a central German administration in response to Soviet influence. The British and Americans
went on their own and fused their occupation zones (Bizonia) - which eventually became Trizonia.

27
Q

When was the Berlin blockade

A

1948

28
Q

What was the name of the monitoring body that would exist to regulate the coal and steel production of the Ruhr region.

A

1948 International Authority for the Ruhr (IAR) is created

29
Q

When was the German federal republic born

A

1949 -> Germany

30
Q

Hen was German Democratic Republic born

A

1949-> russian

31
Q

Why did the restoration of Germany cause problems, especially for France

A

it was predicted that the economic control over Western Germany via the IAR would become even harder in the future. Thus initiatives were developed to take away the coal and steel jurisdiction from the new German state – for instance by Adenaeur.

32
Q

What was the next attempt made to take a way the coal and steel jurisdiction from the new German state

A

Another attempt was made by Monnet, director of the Pere de l’Europe, who proposed a plan to prevent Germany from starting a new war, namely by transferring its sovereignty to institutions

33
Q

Who was Schumann

A

-backed up Monnet’s plan
-in 1950 introduced the European Community of steal and coal -> supranational organisation

34
Q

Why was the creation of the European Community of Steel and coal (ECSC) so important

A

-The first time that sovereign powers were transferred to nations states to separate institutions – IAR replaced by ECSC in 1952

-marked the beginning of the European integration process that reached a high when in 1957 two other European communities were created by the Treaty of Rome: the EEC and the EURATOM

35
Q

What happened when the three institutions: ECSC, EEC and the EURATOM merged in 1965

A

-1992 the treaty of Maastricht was created and the European Union was born

36
Q

What does the EU consist of

A
  1. Council of ministers
  2. Commission
  3. parliament
  4. Court of justice EU
37
Q

Originally, whey was teh Eu established

A

-only as an economical union
BUT after the German reunification in 1990 it also became a political union.-> Maastricht 1992

38
Q

How can institutions exercise the Union’s competencies

A

shall adopt regulations, directives etc. Impact on legal systems of the EU member states (art. 288 TFEU)

39
Q

What are regulations

A

General rules

40
Q

What are directives

A

-harmonisation
-not laws that intervene in national legislation

41
Q

Directives v. Regulations

A

-directives : directives allow member states some flexibility in how they achieve the specified goal. Member states are free to choose the form and method of implementation.

-regulations: Direct Applicability: Regulations are immediately applicable in all member states as soon as they come into force.

-> no tsansposition into national law

42
Q

Where is the court of justice of the EU located

A

Luxembourg

43
Q

What does art. 267 TFEU state

A

The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
a) The interpretation of the Treaties
b) The validity and interpretation of acts of the institutions, bodies, offices or
agencies of the Union

44
Q

What does the provision art. 267 TFEU allow

A

→ The national judge is in control of the application

→ The interpretation can be submitted to a European judge by lower national judges

Only the highest national judges (e.g. Supreme Court) are expressly obliged to submit a case in which a question of EU law is involved for a preliminary ruling

Such provision resembles authentic interpretation but is not - the question is referred back to Luxemburg, but the Court is not the author of the European laws.

45
Q

What does the court of Justice of the EU, located in Luxembourg have the authority to do

A

has the authority to provide guidance on the interpretation and validity of EU laws. This includes clarifying the meaning of treaties and assessing the validity and interpretation of actions taken by EU institutions.

When a national judge, like a judge from the highest court in a country (e.g., Supreme Court), faces a case involving EU law, they can ask the Court of Justice in Luxembourg for advice before making a final decision. This process is called a preliminary ruling.

However, it’s important to note that the Luxembourg court doesn’t make the final decision on the case; it only provides an interpretation of EU law. The national judge still has the authority to apply this interpretation to the specific case in their own country.

So, the national judge remains in control of how the EU law is applied in their country, and they can seek guidance from the EU court for clarification. This system ensures consistency in interpreting EU laws across member states.