Question 1

The Charter of Fundamental Rights of the European Union is:&#10;A) A primary source of EU law&#10;B) A secondary source of EU law&#10;C) Not a legally binding instrument

Accepted Answer

The Charter of Fundamental Rights of the European Union is considered a primary source of EU law, along with the Treaties and Regulations. It lays down the fundamental rights and freedoms enjoyed by EU citizens and residents in the EU member states. It is legally binding on EU institutions and member states when they are implementing EU law.

Question 2

The Charter of Fundamental Rights in the European Union is addressed to:&#10;A) The institutions, bodies and agencies of the EU and the Member States&#10;B) Member States when they enact national legislation&#10;C) EU citizens

Accepted Answer

The Charter of Fundamental Rights in the European Union is addressed to the institutions, bodies and agencies of the EU and the Member States. It outlines the fundamental rights and principles that must be upheld by these entities when making decisions or enacting policies. It does not directly address EU citizens, although they benefit from the protections and rights set out in the Charter.

Question 3

Which of the following statements is correct?&#10;A) The material scope of the Charter of Fundamental Rights of the EU is identical to that of the ECHR;&#10;B) The material scope of the Charter of Fundamental Rights of the EU is more comprehensive than that of the ECHR&#10;C) The material scope of the Charter of Fundamental Rights of the EU is less comprehensive than that of the ECHR.

Accepted Answer

The material scope of the Charter of Fundamental Rights of the EU is more comprehensive than that of the ECHR. While both the Charter and the ECHR cover civil and political rights, the Charter also includes economic, social, and cultural rights, as well as rights specific to EU citizens, such as the right to move and reside freely within the EU. Therefore, the material scope of the Charter is broader than that of the ECHR.

Question 4

After the accession of the EU to the ECHR, in matters covered by the ECHR and its Protocols 1 and 2, the ECJ will be treated by the ECtHR as:&#10;A) An equal.&#10;B) Any superior court of any contracting State to the ECHR.&#10;C) Being the court of final instance.

Accepted Answer

The ECJ will be treated by the ECtHR as any superior court of any contracting State to the ECHR in matters covered by the ECHR and its Protocols 1 and 2. This means that the ECJ will not be considered equal or as the court of final instance, but rather as a superior court that has the potential to provide binding interpretations of EU law that are compatible with the ECHR.

Question 5

What was the conclusion of the ECtHR in the Bosphorus case (2006)?&#10;A) The protection of fundamental rights in the EU was not within its jurisdiction.&#10;B) Protection of fundamental rights in the EU was fundamentally flawed.&#10;C) The protection of fundamental rights within the EU was satisfactory.

Accepted Answer

The European Court of Human Rights (ECtHR) concluded in the Bosphorus case that the protection of fundamental rights within the European Union (EU) was equivalent to the level of protection offered by the European Convention on Human Rights, thus deeming it satisfactory.

Deck 8: Protection of Fundamental Rights in the EU