Deck 11: Direct Applicability of EU Law

Question 1

What does the principle of direct applicability mean for EU law?

A) Under the principle of direct applicability EU law becomes part of national law of the Member States without the need for it to be transformed into national law by the use of the appropriate constitutional machinery such as an act of parliament, that is, there is no need (as there is in dualist countries like the UK in relation to international treaties) to pass an Act of Parliament to give effect to it. This entails that EU law, being part of national law of a Member State, can be enforced by individuals before the national courts and administrative authorities of that Member State.
B) The rules of EU law are binding on the governments of the Member States.
C) The rules of EU law take secondary importance to the national law of the Member States.

Answer 1

A

Question 2

In respect of which of the following sources of EU law is there a doubt as to whether it is directly applicable?

A) Regulations.
B) Directives.
C) Decisions.

Answer 2

B

Question 3

Which of the below statements is correct?

A) Dualists regard international law and municipal law as independent systems, separate from each other and having differing spheres of application.
B) Dualists treat international and municipal law as part of the same legal order.
C) Dualists give preference to international law in a situation where there is a conflict between international law and national law.

Answer 3

A

Question 4

The EU has embraced:

A) The monist approach to the relationship between EU law and the national laws of the Member States.
B) The dualist approach to the relationship between EU law and the national laws of the Member States.
C) Its own sui generis approach which is in between the monist and dualist approaches.

Question 5

In Case C-129/96 Inter-Environnement Wallonie ASBL, the ECJ established that:

A) During a directive
B) During a directive
C) During a directive