Question 1

Which of the following are the primary sources of EU law?&#10;A) Regulations&#10;B) The Treaties&#10;C) Judgments of the ECJ.

Accepted Answer

The Treaties are the primary source of EU law. They are the international agreements that establish the EU and set out its objectives and powers.

Question 2

What article of the Treaty provides a definition of the secondary sources of EU law?&#10;A) Article 19 TEU&#10;B) Article 288 TFEU&#10;C) Article 267 TFEU

Accepted Answer

Article 288 TFEU provides a definition of the secondary sources of EU law, specifically stating that these sources include regulations, directives, decisions, recommendations, and opinions. Article 19 TEU outlines the principles of the EU's legal system, while Article 267 TFEU concerns the preliminary ruling procedure.

Question 3

What distinguishes a regulation from other secondary legislative acts?&#10;A) Regulations include an instruction to national parliaments to pass the appropriate legislation.&#10;B) Regulations have general application and are directly applicable in all Member States.&#10;C) Regulations require Member States to publish them in their national official press.

Accepted Answer

Regulations are directly applicable in all Member States without requiring any national implementation measures, making them distinct from other secondary legislative acts such as directives that require national implementation. The other options mentioned in the question do not accurately distinguish regulations from other legislative acts.

Question 4

What discretion does a directive give to a Member State?&#10;A) The Member State can decide whether to implement the directive or not.&#10;B) The Member State may select provisions of a directive which they wish to implement whilst ignoring the provisions which they consider as contrary to the national interest.&#10;C) The Member State can decide which form the implementation of the directive may take and whether any implementing measures are necessary. Accordingly in some circumstance a Member State may do nothing.

Accepted Answer

Directives are a legislative act of the European Union that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. This means that while the directive sets out what must be achieved, it allows Member States the discretion to choose how to achieve it, including the form and methods of implementation. This can sometimes mean that no action is required if existing national legislation already achieves the directive's goals.

Question 5

In the hierarchy of sources of EU law delegated acts adopted by the Commission are:&#10;A) Superior to the general principles of EU law&#10;B) Superior to international agreements concluded by the EU&#10;C) Superior to implementing EU acts.

Accepted Answer

Delegated acts adopted by the Commission are secondary legislation and therefore inferior to the general principles of EU law and international agreements concluded by the EU. However, they are superior to implementing acts, which are also secondary legislation but have a different purpose and legal basis.

Deck 4: Sources of EU Law