2008年双硕士项目欧洲法单元IA试题及参考答案发布于2010-2-23 15:14:38第一单元A：欧洲法律传统 (Module IA: European Legal Traditions)一、试题 （Exam questions）(I) 课程名称：宪法(Title of course: Constitutional-Law） Name of lecturer: Prof. Ramaekers (University of Maastricht)Time of the exam: 29.Oct 20081. The governments in Germany and the United States are both against hunting endangered animals in their country, and they both have anti-hunting majorities in their lower chamber of parliament .By controlling the upper chamber of parliament, pro-hunting parties in each of these systems hope to be able to stop the adoption of a law prohibiting hunting. Is it hard or easy for them so succeed? in which of the two countries would it be easiest to prevent the adoption of such a law? Explain your choice, citing provisions from the German and US Constitutions where appropriate. Note that this question is about the lawmaking procedure.2. France, Germany and Netherlands have all passed a law prohibiting the sale alcoholic drinks on Sunday. Assume a lower judge in France, a lower judge in Germany and a lower judge in Netherlands are of the opinion that such a law violates their respective Constitution. What can be the three judges do about this? Give reasons for answers, citing constitutional provisions where appropriate.（II）课程名称：比较法(Title of course: Comparative Law)Name of lecturer: Pro. Rammeloo ( University of Maastricht)Time of the exam: 29.Oct 20081. Describe the difference between Comparative law on one hand and Private International Law on the other2. Please explain the interest of comparative Law as a legal discipline in todays context?（III）课程名称：刑法(Title of course: Criminal Law)Name of lecturer: Pro.Cancio ( University of Autnoma Madrid)Time of the exam: 29.Oct 20081. Line out the consequences of the mens rea (culpability) principle, explaining the differences between civil law and common law system.2. Explain the constitutional and technical implications of the legality principle in comparison to the precedent system.二、试题答案（Answers to Exam questions）Title of course: Comparative law Dr. S.F.G. Rammeloo (Maastricht University NL)Q 1 Describe the difference between Comparative Law on one hand and Private International Law on the otherAnswer:Contrary to Comparative Law (substantive comparison of legal subject-matters not necessary of a private law nature - of two or more legal systems), Private International Law (or conflict of law) rules solely determines (i) jurisdiction, (ii) applicable law and (iii) recognition and enforcement of foreign judgments in a neutral manner, not offering any further information on the substance of the applicable system of law whatsoever.Q2 Please mention at least three reasons of interest of comparative law as a legal discipline in todays context.Answer:1 Building up knowledge for conflict resolving on national law level (step backwards while the focus is on domestic law)2 Idem for cross-border relationships3 Take away national prejudices4 Contribute to national law reforms (cf. reconstruction of legal system Eastern European laws after collapse Sovjet-Union)5 Legislation: contribute to approximation, harmonization, or even unification of laws (cf. on both international and communautary EC law level): cf. articles 61 and 65 ECT (first pillar)6 Courts: cf. ECJ (principles underlying the laws of all EC Member States)7 Quasi-legislation: Restatement of the Law (US), development of principles (cf. European Contract Principles; Principles on Parental Authority developed by the Commission on European Family Law)8 Non-state legislation: lex mercatoria9 Reduction for business world of legal costs (Law & Economics)10 Enhancing education for academics and practitioners (cf. integrative approach Maastricht University)