Deck 10: Bringing Rights Home: Legal Method and Convention Rights

Question 1

Match each type of European legislation with its definition.
-A Regulation.

A) This is a piece of legislation that is of general application and is binding on Member States and individuals, without Member States needing to take any measures to implement it.
B) This type of legislation only binds Member States as to the result that is to be achieves, leaving the way in which it is implemented up to the individual Member State.
C) This type of legislation is essentially an 'order' addressed to, and binding on, an individual or Member State, emanating from an institution of the EU.

Answer 1

A

Question 2

Match each type of European legislation with its definition.
-A Directive.

A) This is a piece of legislation that is of general application and is binding on Member States and individuals, without Member States needing to take any measures to implement it.
B) This type of legislation only binds Member States as to the result that is to be achieves, leaving the way in which it is implemented up to the individual Member State.
C) This type of legislation is essentially an 'order' addressed to, and binding on, an individual or Member State, emanating from an institution of the EU.

Answer 2

B

Question 3

Match each type of European legislation with its definition.
-A Decision.

A) This is a piece of legislation that is of general application and is binding on Member States and individuals, without Member States needing to take any measures to implement it.
B) This type of legislation only binds Member States as to the result that is to be achieves, leaving the way in which it is implemented up to the individual Member State.
C) This type of legislation is essentially an 'order' addressed to, and binding on, an individual or Member State, emanating from an institution of the EU.

Answer 3

C

Question 4

'The Court of Justice of the European Union is essentially a court of reference. Its role is to ensure that European law is interpreted and applied uniformly in the Member States and, in this capacity, it decides domestic disputes when asked to do so by a national court.'

Question 5

Which of the following is not part of the jurisdiction of the CJEU?

A) It exercises powers of judicial review on the validity of Member State's legislation that implements Directives under Article 267 TFEU.
B) It exercises powers of judicial review on the validity of EU legislation.
C) It gives preliminary rulings under Article 267 TFEU that concern the interpretation of EU legislation.
D) It hears cases against Member States brought by other Member States or EU institutions regarding violations of the treaties.

Question 6

Match each EU institution with the description of its functions.
-The Council.

A) This institution is a political body made up of ministerial representatives from each Member State. It does not make legislation, but has the final word on legislative matters.
B) This institution is responsible for the formulation of legislation in the interests of the EU. It may also take action against Member States for infringing EU law.
C) This body is essentially consultative and debates issues of EU law rather than having any direct powers of veto.
D) This body ensures the uniform interpretation and validity of EU law.

Question 7

Match each EU institution with the description of its functions.
-The Commission.

A) This institution is a political body made up of ministerial representatives from each Member State. It does not make legislation, but has the final word on legislative matters.
B) This institution is responsible for the formulation of legislation in the interests of the EU. It may also take action against Member States for infringing EU law.
C) This body is essentially consultative and debates issues of EU law rather than having any direct powers of veto.
D) This body ensures the uniform interpretation and validity of EU law.

Question 8

Match each EU institution with the description of its functions.
-The Parliament.

A) This institution is a political body made up of ministerial representatives from each Member State. It does not make legislation, but has the final word on legislative matters.
B) This institution is responsible for the formulation of legislation in the interests of the EU. It may also take action against Member States for infringing EU law.
C) This body is essentially consultative and debates issues of EU law rather than having any direct powers of veto.
D) This body ensures the uniform interpretation and validity of EU law.

Question 9

Match each EU institution with the description of its functions.
-The Court of Justice.

A) This institution is a political body made up of ministerial representatives from each Member State. It does not make legislation, but has the final word on legislative matters.
B) This institution is responsible for the formulation of legislation in the interests of the EU. It may also take action against Member States for infringing EU law.
C) This body is essentially consultative and debates issues of EU law rather than having any direct powers of veto.
D) This body ensures the uniform interpretation and validity of EU law.

Question 10

Which of the following is not part of proceedings under Article 267 TFEU?

A) The national court decides to make, and then formulates, a reference.
B) The national court must obtain the permission of the national government to proceed where the case involves potentially controversial matters of public policy.
C) Written submissions by interested parties will be made within two months.
D) The Advocate General will state his conclusions and a draft ruling will be drawn up by the Judge Rapporteur.

Question 11

Which of the following constitutes a correct summary of the role of the CJEU in Article 267 TFEU proceedings?

A) The CJEU delivers a ruling resolving the case at hand on the facts and on the law, which can be described as an authoritative interpretation of the meaning of the treaty Article or EU legislation. It cannot be appealed against and will be binding on all Member States.
B) The CJEU delivers a ruling on the abstract question of law, which can be described as an authoritative interpretation of the meaning of the treaty Article or EU legislation. It can be appealed against by the parties to the case and will be binding on all Member States.
C) The CJEU delivers a ruling on the abstract question of law, which can be described as an authoritative interpretation of the meaning of the treaty Article or EU legislation. It cannot be appealed against and will be binding on all Member States.
D) The CJEU delivers a ruling on the abstract question of law, which can be described as an authoritative interpretation of the meaning of the treaty Article or EU legislation. It cannot be appealed against and will be binding only on the Member State that has requested the ruling.

Question 12

Complete the following: a reference to the CJEU must be made by a national court under Article 267 TFEU if…

A) the matter has not already been decided upon by the CJEU.
B) the matter has not been referred to the European Court of Human Rights.
C) the matter relates to a government body.
D) the court believes that a ruling as to the meaning of the European legislation is necessary.

Question 13

Complete the following: the case of CILFIT Srl v Ministero della Sanità…

A) sets out rules as to when a reference under Article 267 TFEU is not necessary.
B) decided that the decision to make a reference to the CJEU under Article 267 TFEU is only for the court to decide.
C) is not good precedent as it was decided by only three members of the CJEU.
D) determined that the concept of acte clair is not applicable to EU law.

Question 14

Which of the following apply to direct applicability (select all that apply)?

A) Direct applicability means that Directives automatically become part of domestic law.
B) Direct applicability is concerned with the obligations between the Member States and the European EU.
C) Direct applicability means that regulations and Treaty obligations automatically become part of domestic law.
D) Direct applicability is a concept derived from the European Court of Human Rights, where rights are held to be directly applicable.

Question 15

'The case of Van Gend en Loos established that individual rights enforceable in domestic courts were created where EU legislation creates clear but conditional obligations on Member States. This is the principle of direct effect.'

Question 16

'If a Directive has vertical direct effect, it means that the individual can rely on it as against another individual of equal legal standing. If it has horizontal direct effect, then it can be relied upon against the State, or an organ or body of the State.'

Question 17

'The concept of indirect effect established by the case of Von Colson allows domestic courts to adopt a purposive interpretation of Directives by reading the purpose of the Directive into national legislation. This effectively sidesteps the need for a Directive to have direct effect before an individual can rely on it. The concept is complicated and it is still debatable whether, if domestic case law is deemed clear and unambiguous, domestic courts should go against national law and comply with EU law.'