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Questions and Answers
Aoife can practice law in Germany without any additional education or language proficiency.
Aoife can practice law in Germany without any additional education or language proficiency.
False
Article 49 TFEU guarantees the right of EU nationals to establish themselves in another Member State.
Article 49 TFEU guarantees the right of EU nationals to establish themselves in another Member State.
True
Aoife is required to practice under the supervision of a qualified German lawyer for 5 years before opening her own office.
Aoife is required to practice under the supervision of a qualified German lawyer for 5 years before opening her own office.
False
The German Bar Council's requirements for Aoife are absolute and cannot be challenged under EU law.
The German Bar Council's requirements for Aoife are absolute and cannot be challenged under EU law.
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The freedom of establishment rights under Article 49 TFEU apply to regulated professions such as law.
The freedom of establishment rights under Article 49 TFEU apply to regulated professions such as law.
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To protect the interest of clients, language proficiency requirements are deemed justified under EU law.
To protect the interest of clients, language proficiency requirements are deemed justified under EU law.
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Aoife's status as a qualified solicitor in Ireland grants her unrestricted rights to practice law anywhere in the EU.
Aoife's status as a qualified solicitor in Ireland grants her unrestricted rights to practice law anywhere in the EU.
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Restrictions on the freedom of establishment can be permissible if they are justified by legitimate public interest objectives.
Restrictions on the freedom of establishment can be permissible if they are justified by legitimate public interest objectives.
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The new Italian government's legislation is increasing funding for grassroots rugby.
The new Italian government's legislation is increasing funding for grassroots rugby.
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Under Article 21 TFEU, all EU citizens have the right to free movement and residence within the EU.
Under Article 21 TFEU, all EU citizens have the right to free movement and residence within the EU.
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Directive 2004/38/EC states that non-EU family members have no rights regarding residence in the EU.
Directive 2004/38/EC states that non-EU family members have no rights regarding residence in the EU.
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The principle of non-discrimination under EU law allows for measures that discriminate based on nationality.
The principle of non-discrimination under EU law allows for measures that discriminate based on nationality.
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Pauline's husband, as an American, does not have the right to reside in Italy under EU law.
Pauline's husband, as an American, does not have the right to reside in Italy under EU law.
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The Italian authorities can deny a residence permit to a non-EU spouse for any reason.
The Italian authorities can deny a residence permit to a non-EU spouse for any reason.
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The Italian legislation cutting funding for grassroots rugby may restrict the freedom of establishment under Article 49 TFEU.
The Italian legislation cutting funding for grassroots rugby may restrict the freedom of establishment under Article 49 TFEU.
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EU law does not apply to private citizens moving between EU member states.
EU law does not apply to private citizens moving between EU member states.
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An individual is considered of 'individual concern' only if they are affected by the act due to unique circumstances that distinguish them from all other persons.
An individual is considered of 'individual concern' only if they are affected by the act due to unique circumstances that distinguish them from all other persons.
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Article 263 TFEU provides five grounds on which an annulment action may be brought.
Article 263 TFEU provides five grounds on which an annulment action may be brought.
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Misuse of powers occurs when a measure is enacted for the purposes explicitly stated.
Misuse of powers occurs when a measure is enacted for the purposes explicitly stated.
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Regulations, directives, and decisions are examples of measures subject to annulment under Article 263 TFEU.
Regulations, directives, and decisions are examples of measures subject to annulment under Article 263 TFEU.
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An institution that exceeds its competences conferred by Treaties can be annulled under Article 263 TFEU.
An institution that exceeds its competences conferred by Treaties can be annulled under Article 263 TFEU.
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A communication from the Commission can be challenged if it lacks binding legal effects.
A communication from the Commission can be challenged if it lacks binding legal effects.
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Fundamental rights violations fall under the infringement of treaties ground for annulment.
Fundamental rights violations fall under the infringement of treaties ground for annulment.
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If the CJEU annuls a measure, it is considered void from its inception.
If the CJEU annuls a measure, it is considered void from its inception.
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The principle of proportionality restricts EU action to what is absolutely necessary for achieving its goals.
The principle of proportionality restricts EU action to what is absolutely necessary for achieving its goals.
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The complexity of application for EU competences has been entirely resolved by the Lisbon Treaty.
The complexity of application for EU competences has been entirely resolved by the Lisbon Treaty.
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The Lisbon Treaty has eliminated the concerns around the democratic deficit in EU's decision-making.
The Lisbon Treaty has eliminated the concerns around the democratic deficit in EU's decision-making.
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National governments generally welcome the transfer of powers to the EU, especially in the areas of taxation and foreign policy.
National governments generally welcome the transfer of powers to the EU, especially in the areas of taxation and foreign policy.
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The Brexit referendum illustrated how disputes over EU competences can influence populist movements.
The Brexit referendum illustrated how disputes over EU competences can influence populist movements.
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The Lisbon Treaty categorizes competences into exclusive, shared, and consultative competences.
The Lisbon Treaty categorizes competences into exclusive, shared, and consultative competences.
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The role of the European Parliament was strengthened by the Lisbon Treaty in legislative processes.
The role of the European Parliament was strengthened by the Lisbon Treaty in legislative processes.
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The principles of conferral, subsidiarity, and proportionality are not part of the EU's framework for regulating competences.
The principles of conferral, subsidiarity, and proportionality are not part of the EU's framework for regulating competences.
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EU nationals can be discriminated against based on nationality in the context of unemployment benefits.
EU nationals can be discriminated against based on nationality in the context of unemployment benefits.
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Mary can apply for unemployment benefits in France despite not being a French national if she meets certain conditions.
Mary can apply for unemployment benefits in France despite not being a French national if she meets certain conditions.
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Article 45 TFEU allows EU nationals the right to reside freely within the EU without any conditions.
Article 45 TFEU allows EU nationals the right to reside freely within the EU without any conditions.
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Mary’s refusal for unemployment benefits in France was solely because she is not a French national.
Mary’s refusal for unemployment benefits in France was solely because she is not a French national.
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Directive 2004/38/EC guarantees the right to social benefits for all EU citizens regardless of their employment status.
Directive 2004/38/EC guarantees the right to social benefits for all EU citizens regardless of their employment status.
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To claim unemployment benefits under EU law, an EU national must have been employed for at least one year in the host state.
To claim unemployment benefits under EU law, an EU national must have been employed for at least one year in the host state.
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Mary has the right under EU law to practice law in France without passing the French bar exam.
Mary has the right under EU law to practice law in France without passing the French bar exam.
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Case law such as C-85/96, Martínez Sala, may influence the interpretation of rights for EU nationals in accessing social benefits.
Case law such as C-85/96, Martínez Sala, may influence the interpretation of rights for EU nationals in accessing social benefits.
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The C-413/99 Baumbast case upheld the UK's right to deny residence to EU citizens.
The C-413/99 Baumbast case upheld the UK's right to deny residence to EU citizens.
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EU law allows national measures to compromise the internal market for any reason.
EU law allows national measures to compromise the internal market for any reason.
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The principle of proportionality requires that national regulations must pursue a legitimate objective.
The principle of proportionality requires that national regulations must pursue a legitimate objective.
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Public measures in Member States should restrict individuals' freedom to move unless justified by less restrictive means.
Public measures in Member States should restrict individuals' freedom to move unless justified by less restrictive means.
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Public measures can distort competition in the internal market as long as they serve domestic industries.
Public measures can distort competition in the internal market as long as they serve domestic industries.
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National actions in a public capacity are encouraged to create barriers to trade within the internal market.
National actions in a public capacity are encouraged to create barriers to trade within the internal market.
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The Court in the C-413/99 Baumbast case emphasized the importance of public health as a justification for restricting movement.
The Court in the C-413/99 Baumbast case emphasized the importance of public health as a justification for restricting movement.
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Measures that are not the least restrictive means of achieving an objective are considered valid under EU law.
Measures that are not the least restrictive means of achieving an objective are considered valid under EU law.
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Study Notes
Summary of EU Law Notes
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Council Regulation (EU) No 123/2014, a fictitious regulation, outlines the Sustainable Agricultural Policy (SAP Regulation) and the European Agricultural Support Fund (EASF). It details eligibility requirements for farmers receiving funding and mandates annual publication of recipients' names on a dedicated website.
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Mr. Fergus Landlord, a recipient of EASF funding, challenges the regulation, arguing it infringes fundamental rights (respect for private/family life and data protection) under the Charter of Fundamental Rights of the European Union.
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Article 263 TFEU outlines the annulment procedure in the EU, allowing applicants to challenge the legality of EU acts. Applicants must prove standing and that the act directly and individually affects them.
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Privileged applicants (e.g., Member States, EU institutions) have automatic standing. Non-privileged applicants (e.g., individuals) must show direct and individual concern or challenge a regulatory act not requiring implementing measures.
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Fundamental rights and proportionality are crucial. Article 7 and 8 of the CFR address private life and data protection. Measures must also meet proportionality criteria, meaning they're necessary and proportionate to a legitimate objective.
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Standing to challenge the regulation is questionable for Mr. Landlord as he is a non-privileged applicant, and his situation/impact is not uniquely separate from other beneficiaries of the fund.
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The overall outcome of the case depends on how the Court of Justice of the European Union (CJEU) interprets proportionality and determines whether the applicant has individual concern.
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Description
Test your knowledge on the freedom of establishment under EU law, particularly regarding the rights of lawyers and legal professionals in different Member States. This quiz covers key articles such as Article 49 and Article 21 TFEU, and the necessary conditions for EU nationals like Aoife to practice law. Learn about the regulations, language proficiency, and oversight requirements that shape legal practice within the EU.
