{"id":686,"date":"2019-04-18T13:02:03","date_gmt":"2019-04-18T10:02:03","guid":{"rendered":"http:\/\/www.liberalglobe.com\/?p=686"},"modified":"2019-09-05T15:37:22","modified_gmt":"2019-09-05T12:37:22","slug":"the-evolution-of-the-state-in-europe-its-institutions-and-how-it-affects-the-eu-part-ii","status":"publish","type":"post","link":"https:\/\/www.liberalglobe.com\/?p=686","title":{"rendered":"The Evolution of the State in Europe, its Institutions and how it affects the EU-Part II"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">The institution of the Church had an important role in the process of\ndeveloping the state in Europe. The fact that Christianity has conquered the\nRoman Empire by gradually making it sovereign to its citizens does not mean\nthat it has conquered Europe during the same period under consideration. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Western Europe has been delayed in adopting Christianity. This fact is\nbecause one of the strongest Germanic tribes-the Scandinavian-and more\ngenerally other pagan Germanic tribes had not adopted Christianity. In fact,\nWestern Europe became part of Christian doctrine from 11<sup>\u03bf<\/sup> century\nonwards. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">by <strong><em>Thanos S. Chonthrogiannis-https:\/\/www.liberalglobe.com<\/em><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The role of the Church in the formation of the state<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The fact that the Church had its own permanent institutions was normal to affect also the state-forming institutions in Europe. The kings and generally the power of the monarchy was surrounded by advisers-supreme in hierarchy priests who played an active role in influencing the royal decisions regarding the life of citizens, politics and more generally what we call cosmic (secular) life. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition, the clergy functioned as administrators of the Royal property\nand as head of monasteries-ecclesiastical princes. On the other hand, the Kings\nwere involved in the developments of the Church, influencing with their\ndecision\u2019s ecclesiastical issues of great importance. This event created\nadmiration and many times copy on the part of the royal and generally secular\npower, leading them to adopt the Church&#8217;s procedures, techniques and theories\nof administration equally.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">During this embrace between Church and secular power there were turbulent\nperiods between them. Through these turbulent periods it was understood that in\norder to function more efficiently in their role, both secular power and the\nChurch should be independent of each other. This fact was understood when the\nleadership of the Catholic Church wanted to reform the clergy (11<sup>th <\/sup>century).\n<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In order to manage the clergy more effectively and make the best use of its\nhuman resources throughout the European continent, the Church had to have a\ncentralized structure under the leadership of its head (Pope-for Catholic\nChurch and Ecumenical Patriarch for the Eastern Roman (Orthodox) Church\nrespectively). For this reason, the Church with its administrative structure\nand institutions was the first supranational organization in Europe and the\nmost connecting link between the different European peoples, while constituting\na model of administration. At the same time, however, this centralist structure\nof the Church under its leadership would make it even more powerful and prone\nto meddling in the decisions of secular power.&nbsp;\n<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">At the end of the periods of crisis between Church and secular power, the Kings lost their authority on ecclesiastical issues-appointing supreme clergy and the Church was completely separated from its involvement in secular matters. This made the Church more flexible in the new role it had undertaken in the education and spiritual restoration of European society. Certainly, the role of the Church was decisive because it created for the first time a single religious Europe. But in no way was this religious unity a political unity, nor was it a state.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The end of migratory flows in Europe<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Also, a great factor in assisting the emergence of the state in Europe was\nthe end of a long period of migration and invasions that forced large\nproportions of the then European population to migrate within Europe to avoid\ntheir demise. The conquests of the Franks, the end of the civil War of the\nFranks (771 A.D.), the end of the attacks by the Scandinavian people against\nthe Franks, the annihilation of the Ostrogoths by the Byzantines, the conquests\nof the Danes over the Anglo-Saxon kingdoms, etc. stopped gradually after the\nend of 10<sup>th<\/sup> century.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This made it possible for populations to stay long in the same area-region,\nas we mentioned in the first part of our analysis, for a very long period. This\nsingle event turned the energies of the populations from them up to then\nattempt to survive by aspiring conquerors in their effort to raise their\nstandard of living through peaceful-type operations and trade action that\nbrings rise of wealth. The goal of the king, but mainly the local ruler and his\nsubjects, was to increase their wealth and acquire property to bequeath it to\ntheir descendants. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The Taxation and Law systems in the newer state models<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The identification of the desires and needs of the ruler and his subjects\nled to political stability. The creation of an army for security from external\nrisks has declined since the cost of maintaining an army for a long time has\nbeen very painful financially. The creation of a system of courts and judicial\ninstitutions has increased political stability and ensured internal security. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">At the same time, the courts in their first main stages, apart from the task of resolving disputes, also had the duty to levy revenue for the King, since most offences were fined. Given the peaceful coexistence of populations and the gradual increase in wealth, a system of tax collection began to be created to finance in turn the necessary expenditure for the defense of the Kingdom against external enemies.&nbsp; <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Simultaneously, the division between secular\npower and the Church increased the necessity for secular power to focus on\nincreasingly better law enforcement. Within this framework and throughout the\nkingdom, legal codes and judicial institutions were created which followed a\nhierarchical structure in the administration of justice and were always\nspecialized based on the nature of the offence. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Tax systems and court systems are necessary institutions for the creation\nof a state. But in Western Europe, there is a great basis for Law, influencing\nthe shaping and development of the newest models of states developed by Europe\nand adopted by the rest of the world. The institution of the state in Western\nEurope is based on the law. The existence of the state is intended to enforce\nthe law. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The ruler in the state of Western Europe is morally and politically bound\nby the law. The law in the state of Western Europe regulated trade relations,\nfamily relationships, ownership and legal property. The models of Western\nEuropean states are in fact the rule of law and their supreme goal was and\nalways is to be constitutional (rule of law) states. That is why they have gained the trust and support of\ntheir citizens from then until today. That is why most citizens of the world want to live in the states of the\nWest today. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Europe of the 13<sup>th<\/sup> century formulates\npolitical theories based on Roman law. That is why the law is used as a basis\nfor the creation of states. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The role of bureaucracy in the structure of archetypal\nforms of state<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The continued efforts to improve the systems of the courts and the\ncollection of taxes began to promote political culture and to show the first\nsigns of the need for the recruitment of specific permanent employees to carry\nout these tasks. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The European Renaissance (13<sup>\u03bf<\/sup>-14<sup>\u03bf<\/sup>) century has created a huge increase for learning in thousands of people. By graduating from schools immediately afterwards they were taking jobs near secular and ecclesiastical officials. The rapid growth of educated people has enabled early state models to create permanent institutions in them. The permanent institutions needed to keep records and official documents necessary to operate. This means an increased number of educated employees who can carry out these tasks. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The notions of the common good and the notion of the ruler&#8217;s duty to protect the common good were developed. The concept of general taxation was based on these concepts. For the first time in Europe, the concept of state is appearing. The word \u201cRes Publica\u201d of Romans and the word \u201cCommonwealth\u201d of English is like what is now called \u201cState\u201d. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Europeans of the 13<sup>\u03bf<\/sup>-14<sup>\u03bf<\/sup> century have knowledge\nabout the meaning of the state. They already have civil law and taxation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For the first time in Europe, officials are appearing as property managers, known prevots (France) reeves and shire-reeves (the oldest private institution-in England, which over the centuries became a public institution-sheriffs in USA) and the ministerials (Germany). The tasks of these were to collect the incomes that was in their jurisdiction on behalf of their masters. To accomplish these tasks, they needed to keep records and undergo auditing. All these private institutions of local property managers constituted both the principle and the basis from which the central public budgetary institutions emerged. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The development of the court system and how it determines\nthe territorial integrity of a State <\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In the first part of this analysis we introduced the way in which the King-ruler as head of the system of courts was able to control his territory and exercise his authority in remote areas of his kingdom. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The system of taxation was imposed for the financing of the expenditure of\nthe kingdom, e.g. initially for defense. In addition, the courts collected\nmoney from the imposed fines. The evolution of the court system over time was\nreinforced. More specifically, criminal offences were avenged in the\nKing-ruler&#8217;s court. In this way the King could intervene in those areas where\nlocal rights of justice (the lowest in\nhierarchy courts) were held by the local ruler.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The King to increase his power had appointed special types of procedures\nthrough which the opposing parties in a trial had the right to circumvent the\ncourt of the local ruler (feudal lord) and to seek a court that was exclusively\ncontrolled by the King. In this way the citizens of the various local rulers\ncould receive protection from the King and essentially morally and mentally\nwere attached to the King who protected them against the local rulers. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The King&#8217;s direct intervention as a method of justice to the courts of\nlocal rulers was a more widespread method in England (12<sup>\u03bf<\/sup>-13<sup>\u03bf<\/sup>\ncentury). This is also because the different peoples of Britain who lived in\nareas such as Wales, Scotland, Normandy etc. were conquered by war by the English. It was customary,\ntherefore, for the King&#8217;s intervention in the Anglo-Saxon kingdom to be more direct\nand more dynamic to bring justice to the conquered peoples.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Since the King was the head of the court system, a litidist who believed that he was victimized from a local court decision could at any time appeal to the decision of a local court that the rights of justice belonged to the local Lord. The appeal against the decision of a local court and its hearing in the King&#8217;s Court as a method of justice by the King was most common in France (12<sup>\u03bf<\/sup>-13<sup>\u03bf<\/sup> century). This is also because the French kingdom consisted of citizens belonging to the same nation and there were no peoples conquered as in the Anglo-Saxon kingdom. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Whatever system they applied, the power of the King over time increased. The result that was raised through this structure of the courts was that, the sovereign difference between the regions that were under the direct authority of the King and the feudal-regions belonging to the local rulers, it was constantly decreasing to the point that this sovereign difference became insignificant. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When this difference reached the point of not being there, it automatically meant that the scattered feuds-units of local political power within a kingdom had disappeared and a solid territorial integrity emerged over which a King held the highest authority (the sizable state). Of course, this process lasted for centuries not for years. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The huge contribution of the court system lies in the fact that the local rulers (before the appearance of the court system) in order to increase their resources would either oppress their citizens or would made war with others neighboring rulers to increase their revenues and property. Since the court system was applied and a higher court could prevent a local war through peaceful settlement of disputes forcing the local ruler (feudal lord) to harmonize with existing legal rules, this local ruler and his feudal could not be independent.&nbsp; <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The results from the implementation and continuous\nimprovement of the system of courts<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The continuous improvement of the functioning of the courts for the administration of justice has resulted: <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>1.<\/strong> It promoted and might strengthen the preservation of the sizable state.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>2.<\/strong> The King at his coronation swore to confer justice. Essentially, the administration of justice constituted for him the proof of his authority and the main weapon for the predominance of his sovereignty within his kingdom.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>3.<\/strong> The Justice of the King was lawful with the preaching of the Church saying that the administration of justice belongs to secular power and not to Church power.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>4.<\/strong> For the people, the administration of justice constituted protection both against all forms of violence that appear at times in society and in the loss of all forms of property.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>5.<\/strong> The local rulers, knowing that their local courts were functioning flawlessly (in the administration of justice) became directly popular in their local society. Because of their popularity they could hope to gain counsel&#8217;s position next to the King.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>6.<\/strong> Over time, the law applied by the courts was becoming more and more complex and more complicated by requiring the judge to have special training to formulate it, dedicating his whole life to legal matters.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>7.<\/strong> This specific specialization required by the judges forced the separation of judges&#8217; duties, since they also had the task of collecting revenue. A direct result of this was to recruit other employees to collect annuities, gradually creating the basis of a system for collecting state revenues and generally the basis for establishing permanent financial institutions in the State. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>8.<\/strong> The newest state models in Europe (13<sup>\u03bf<\/sup> century) are now based on two main institutions. The institution of the Supreme Court and the institution of the Ministry of Finance-Public Revenue. The most experienced and skilled at that time worked for these two institutions. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The administration of the newest state models in Europe<\/strong><strong><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As the most qualified people of that era worked either for the Institution\nof the Supreme Court or for the Ministry of Finance, while other educated\npeople of that era worked in the administrations of local rulers, in the operation\nof Courts, in the management of the King&#8217;s estate and in the administration of\nthe Church the problem facing the newer models of the state of Europe was that\nthere was not enough number of trained people to help in his administration.&nbsp; <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When we say administration of the state we mean all those professional\nofficials who will be entrusted with the tasks of central logistics by issuing\nspecialized and very accurate in content orders and suggestions to all those\nwho worked, e.g. in the courts, in the collection of taxes, in the management\nof royal property, in the communication with the Church, in the internal\nsecurity, defense etc.. This central agency that was tasked with the\nadministration of the state was named Ministry of the Presidency or Chancellery\nand was head of all state agencies. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The employees who worked at the Ministry of the Presidency or the\nChancellery were the elite of the educated people of the time, especially those\nwho were in the office of the Chancellor or Minister of the Presidency. The\nPope&#8217;s respective Chancellery was a much higher standard and functioned as a\nmodel for the respective Chancellery of the secular power of the youngest\nWestern European state models. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Because of this administrative organization of the newer models of States,\nthere have been homogeneous political entities where their peoples lived and\ndeveloped in a geographical area gaining more and more legitimacy and surviving\non many generations.&nbsp; <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">All these momentous changes that emerged and constituted the institutions\nfor the functioning of the newer state models in Europe took place until the\nmiddle of 13<sup>th<\/sup> Century. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In this competition spotlight different models of states that currently\nexist in Europe, the newest models of states of England and France equally are\ngaining precedence over all other models of states. How this is achieved, in\nwhat ways a state can be shaken, how the rivalries between bureaucrats and\npoliticians at the expense of the state have worked, we will examine them in\nthe third part of our analysis. <\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Thanos S. Chonthorgiannis<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\" style=\"font-size:12px\"><em>The law of Intellectual Property is Prohibited in any way\nunlawful use\/appropriation of this article, with heavy civil and criminal\npenalties for the infringer.<\/em><strong><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The institution of the Church had an important role in the process of developing the state in Europe. The fact that Christianity has conquered&#8230;<\/p>\n","protected":false},"author":1,"featured_media":673,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[988,7],"tags":[629,631,630,628,627,625,622,626,624,621,598,623],"class_list":["post-686","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-political-science","category-research","tag-catholic-church","tag-chancellery","tag-orthodox-church","tag-pope","tag-the-administration-of-the-newest-state-models","tag-the-development-of-the-court-system","tag-the-end-of-migratory-flows-in-europe","tag-the-results-from-the-system-of-courts","tag-the-role-of-bureaucracy-in-the-form-of-state","tag-the-role-of-church-in-the-formation-of-state","tag-the-state-evolution-in-europe-its-institutions-and-eu","tag-the-taxation-and-law-systems-in-the-state-models"],"_links":{"self":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/686","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=686"}],"version-history":[{"count":2,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/686\/revisions"}],"predecessor-version":[{"id":1002,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/posts\/686\/revisions\/1002"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=\/wp\/v2\/media\/673"}],"wp:attachment":[{"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=686"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=686"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.liberalglobe.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=686"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}