Deck 7: European Union Law and National Law

Question 1

The European Treaties are the primary sources of EU law.

Answer 1

True

Question 2

Which of the following is NOT contained in the European Communities Act 1972?

A) EU law is automatically part of UK law
B) Delegated legislation can implement EU law into domestic law
C) If there is a conflict between EU law and UK law the court can make a declaration of incompatibility
D) UK courts should interpret domestic law in line with EU law

Answer 2

C

Question 3

In the case of Van Gend en Loos it was stated that Treaty Articles could create legally enforceable rights if they fulfilled which of the following criteria?

A) They are clear and precise
B) They are unconditional
C) They leave full discretion to Member States in relation to their implementation
D) They specifically only apply to Member States

Answer 3

A

Question 4

Which of the following are characteristics which form part of the definition of emanation of the State laid down in the case of Foster v British Gas? The organisation should:

A) Be fully financed by the Member State
B) Be responsible for a public service
C) Hold special powers to provide a public service
D) Be under the control of the Member State

Question 5

Which of the following statements are NOT true in relation to the doctrine of dualism?

A) It regards international and national law as being fused together
B) It is a doctrine which has been adopted by France and Italy
C) For international law to enter into national law, the enactment of national legislation is required
D) It is a doctrine followed by the UK

Question 6

Explain the difference between direct applicability and direct effect.

Question 7

In what circumstances can directives have direct effect?

Question 8

Explain the principles created by the ECJ in order to achieve uniformity in the application of EU law.

Question 9

Explain the doctrine of acte clair.

Question 10

Evaluate, with reference to case law how the ECJ developed the concept of the supremacy of EU law.

Question 11

Following the case of Brasserie du Pecheur, which of the following is NOT a consideration to be taken into account when assessing the seriousness of a breach for the purpose of state liability?

A) The clarity of the rule breached
B) The measure of discretion given by the rule breached
C) Whether the damage was intentional
D) If the damage suffered is deemed to be significant

Question 12

Which of these is NOT a condition for the imposition of state liability as outlined in the case of Francovich and Bonifaci v Italy (1991)?

A) The directive confers individual rights
B) The directive must be aimed at the Member State
C) The rights can be easily identified from the directive
D) There is a causal link between the state's failure and loss to an individual

Question 13

The case of Van Gend en Loos mainly focused on whether or not which type of law had direct effect?

A) Recommendation
B) Treaty Article
C) Decisions
D) Directive

Question 14

For a Directive to be directly effective, the date for its implementation must have passed.

Question 15

Directives can only have horizontal direct effect.

Question 16

Treaty articles can have both horizontal and direct effect if they fulfil certain criteria.

Question 17

Only the ECJ can rule on whether or not a measure of EU law is valid.

Question 18

The concept of the supremacy of EU law is specifically stated in the EU Treaties.

Question 19

When there is a conflict between national law and EU law, the national court should wait until a domestic court has ruled the national law invalid before applying the EU law.

Question 20

Section 3 of the European Communities Act 1972 states that EU law is not foreign law but is part of UK law.

Question 21

Which of these terms best describes the EU's nature?

A) International
B) National
C) Supranational
D) Federal

Question 22

Which of the following is NOT a secondary source of EU law?

A) Directives
B) Regulations
C) Decisions
D) Treaty Articles

Question 23

With reference to case law, outline the UK courts' initial and subsequent attitude to the supremacy of EU law.