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law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
of Europe refers to the legal systems of Europe. Europe saw the birth of both the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Medit ...
and the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts ...
, which form the basis of the two dominant forms of legal system of private law, civil and
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
.


History

The law of Europe has a diverse history.
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor ...
underwent major codification in the
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referre ...
of Emperor
Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renov ...
, as later developed through the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
by medieval legal scholars. In
Medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
England, judges retained greater power than their continental counterparts and began to develop a body of precedent. Originally civil law was one common legal system in much of Europe, but with the rise of
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: T ...
in the 17th century Nordic countries and around the time of the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are consider ...
, it became fractured into separate national systems. This change was brought about by the development of separate national codes, of which the French Napoleonic Code and the German and Swiss codes were the most influential. Around this time civil law incorporated many ideas associated with the Enlightenment. The
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
's Law is based on a codified set of laws, laid down in the
Treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
. Law in the EU is however mixed with precedent in case law of the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Uni ...
. In accordance with its history, the interpretation of European law relies less on policy considerations than U.S. law. Kristoffel Grechenig & Martin Gelter, The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism
''Hastings International and Comparative Law Review 2008, vol. 31, p. 295-360''
Martin Gelter & Kristoffel Grechenig
''History of Law and Economics''
forthcoming in Encyclopedia on Law & Economics.


Supranational law

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Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
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European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
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European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...


Law by countries

* Law of Albania * Law of Andorra * Law of Armenia *
Law of Austria Judiciary system Austria in 2008 had 141 district courts (Bezirksgerichte), 20 provincial courts (Landesgerichte), and four higher provincial courts (Oberlandesgerichte). There is also a Supreme Court (Oberster Gerichtshof), Constitutional Cour ...
* Law of Azerbaijan * Law of Belarus *
Law of Belgium The legal system of Belgium is based on the Napoleonic code. The Napoleonic code is the French civil code which was issued between 1804 and 1810. It clearly presents the French legal system. Belgium’s constitution is influenced by earlier const ...
* Law of Bosnia and Herzegovina * Law of Bulgaria * Law of Croatia *
Law of Cyprus The law of Cyprus ( gr, Κυπριακό Δίκαιο) is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental p ...
* Law of Czech Republic *
Law of Denmark Law in Denmark follows a civil law system. Private law * The governs labour law concerning salaried employees. The governs vacation time for employees. * The governs consumer law. * The governs landlord–tenant law. * Privacy law in Denma ...
* Law of Estonia *
Law of Finland The law of Finland is based on the civil law tradition, consisting mostly of statutory law promulgated by the Parliament of Finland. The constitution of Finland, originally approved in 1919 and rewritten in 2000, has supreme authority and sets the ...
*
Law of France The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is t ...
* Law of Georgia *
Law of Germany The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of ...
* Law of Greece * Law of Hungary * Law of Iceland *
Law of Italy Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
* Law of Kazakhstan * Law of Latvia *
Law of Liechtenstein Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
* Law of Lithuania * Law of Luxembourg * Law of Republic of Macedonia *
Law of Malta The law of Malta incorporates continental law, common law and local traditions, such as Code de Rohan. A municipal code was enacted in 1784 and replaced in 1813. Maltese law has evolved over the centuries and reflected the rule of the context o ...
* Law of Moldova * Law of Monaco * Law of Montenegro *
Law of the Netherlands The Netherlands uses civil law. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the Fr ...
* Law of Northern Cyprus *
Law of Norway Law in Norway follows a civil law system. The Supreme Court is the highest in the nation, with 20 justices. Overview The highest level of law is the Constitution of 17 May 1814. Statutes made under the Constitution are subordinate to it. Regulati ...
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Law of Poland The Polish law or legal system in Poland has been developing since the first centuries of Polish history, over 1,000 years ago. The public and private laws of Poland are codified. The supreme law in Poland is the Constitution of Poland. Poland ...
*
Law of Portugal The Law of Portugal is the legal system that applies to Portugal. It is part of the family of the civil law legal systems, based on Roman law. As such, it has many common features with the legal systems found in most of the countries in Contin ...
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Law of the Republic of Ireland The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...
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Law of Romania The law of Romania is civil law. History The Romanian judicial system experienced a major overhaul in the early 2010s, with the introduction of four new codes: the Civil Code (2011), the Civil Procedure Code (2013) and the Penal and Penal Proced ...
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Law of Russia The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Hierarchy Constitutionism Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution too ...
* Law of San Marino * Law of Serbia *
Law of Slovakia The law of the Slovak Republic is civil law. Constitution The Constitution was passed in 1992. Legislature The legislature is the National Council. Legislation Legislation includes Acts. Acts *Act No 277/1994 Coll *Act No 136/1995 Coll *Ac ...
* Law of Slovenia *
Law of Spain The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristi ...
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Law of Sweden The law of Sweden is a civil law system, whose essence is manifested in its dependence on statutory law. Sweden's civil law tradition, as in the rest of Europe, is founded on classical Roman law, but on the German (rather than Napoleonic) model. ...
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Law of Switzerland Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (german: Bundesrecht, f ...
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Law of Turkey The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey. With the founding of the Republic, Turkey adopted a civil law legal system, replacing Ottoman law and the Sharia courts. The Civil Code, adopted ...
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Law of Ukraine The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is of ...
* Law of United Kingdom **
Law of England and Wales English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
**
Law of Northern Ireland The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of ...
** Law of Scotland *
Law of Vatican City State The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church. The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals ...


Dependencies, autonomies and territories

* Law of Abkhazia * Law of Åland * Law of Akrotiri and Dhekelia * Law of Crimea * Law of the Faroe Islands * Law of Gibraltar *
Law of Guernsey The Law of Guernsey originates in Norman customary law, overlaid with principles taken from English common law and French law, as well as from statute law enacted by the competent legislature(s) – usually, but not always, the States of Guernsey ...
* Law of the Isle of Man *
Law of Jersey The law of Jersey has been influenced by several different legal traditions, in particular Norman law, Norman customary law, English common law#Common law, English common law and modern Law of France, French civil law. and The Jersey, Bailiwick of ...
* Law of Nagorno-Karabakh * Law of Nakhichevan * Law of Turkish Republic of Northern Cyprus


See also

*
Legal systems of the world The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...

Legislazione


References

{{DEFAULTSORT:Law In Europe Legal systems