EU Law and Freedom of Establishment Quiz

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Questions and Answers

Aoife can practice law in Germany without any additional education or language proficiency.

False (B)

Article 49 TFEU guarantees the right of EU nationals to establish themselves in another Member State.

True (A)

Aoife is required to practice under the supervision of a qualified German lawyer for 5 years before opening her own office.

False (B)

The German Bar Council's requirements for Aoife are absolute and cannot be challenged under EU law.

<p>False (B)</p> Signup and view all the answers

The freedom of establishment rights under Article 49 TFEU apply to regulated professions such as law.

<p>True (A)</p> Signup and view all the answers

To protect the interest of clients, language proficiency requirements are deemed justified under EU law.

<p>True (A)</p> Signup and view all the answers

Aoife's status as a qualified solicitor in Ireland grants her unrestricted rights to practice law anywhere in the EU.

<p>False (B)</p> Signup and view all the answers

Restrictions on the freedom of establishment can be permissible if they are justified by legitimate public interest objectives.

<p>True (A)</p> Signup and view all the answers

The new Italian government's legislation is increasing funding for grassroots rugby.

<p>False (B)</p> Signup and view all the answers

Under Article 21 TFEU, all EU citizens have the right to free movement and residence within the EU.

<p>True (A)</p> Signup and view all the answers

Directive 2004/38/EC states that non-EU family members have no rights regarding residence in the EU.

<p>False (B)</p> Signup and view all the answers

The principle of non-discrimination under EU law allows for measures that discriminate based on nationality.

<p>False (B)</p> Signup and view all the answers

Pauline's husband, as an American, does not have the right to reside in Italy under EU law.

<p>False (B)</p> Signup and view all the answers

The Italian authorities can deny a residence permit to a non-EU spouse for any reason.

<p>False (B)</p> Signup and view all the answers

The Italian legislation cutting funding for grassroots rugby may restrict the freedom of establishment under Article 49 TFEU.

<p>True (A)</p> Signup and view all the answers

EU law does not apply to private citizens moving between EU member states.

<p>False (B)</p> Signup and view all the answers

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.

<p>True (A)</p> Signup and view all the answers

Article 263 TFEU provides five grounds on which an annulment action may be brought.

<p>False (B)</p> Signup and view all the answers

Misuse of powers occurs when a measure is enacted for the purposes explicitly stated.

<p>False (B)</p> Signup and view all the answers

Regulations, directives, and decisions are examples of measures subject to annulment under Article 263 TFEU.

<p>True (A)</p> Signup and view all the answers

An institution that exceeds its competences conferred by Treaties can be annulled under Article 263 TFEU.

<p>True (A)</p> Signup and view all the answers

A communication from the Commission can be challenged if it lacks binding legal effects.

<p>False (B)</p> Signup and view all the answers

Fundamental rights violations fall under the infringement of treaties ground for annulment.

<p>True (A)</p> Signup and view all the answers

If the CJEU annuls a measure, it is considered void from its inception.

<p>True (A)</p> Signup and view all the answers

The principle of proportionality restricts EU action to what is absolutely necessary for achieving its goals.

<p>True (A)</p> Signup and view all the answers

The complexity of application for EU competences has been entirely resolved by the Lisbon Treaty.

<p>False (B)</p> Signup and view all the answers

The Lisbon Treaty has eliminated the concerns around the democratic deficit in EU's decision-making.

<p>False (B)</p> Signup and view all the answers

National governments generally welcome the transfer of powers to the EU, especially in the areas of taxation and foreign policy.

<p>False (B)</p> Signup and view all the answers

The Brexit referendum illustrated how disputes over EU competences can influence populist movements.

<p>True (A)</p> Signup and view all the answers

The Lisbon Treaty categorizes competences into exclusive, shared, and consultative competences.

<p>False (B)</p> Signup and view all the answers

The role of the European Parliament was strengthened by the Lisbon Treaty in legislative processes.

<p>True (A)</p> Signup and view all the answers

The principles of conferral, subsidiarity, and proportionality are not part of the EU's framework for regulating competences.

<p>False (B)</p> Signup and view all the answers

EU nationals can be discriminated against based on nationality in the context of unemployment benefits.

<p>False (B)</p> Signup and view all the answers

Mary can apply for unemployment benefits in France despite not being a French national if she meets certain conditions.

<p>True (A)</p> Signup and view all the answers

Article 45 TFEU allows EU nationals the right to reside freely within the EU without any conditions.

<p>False (B)</p> Signup and view all the answers

Mary’s refusal for unemployment benefits in France was solely because she is not a French national.

<p>False (B)</p> Signup and view all the answers

Directive 2004/38/EC guarantees the right to social benefits for all EU citizens regardless of their employment status.

<p>False (B)</p> Signup and view all the answers

To claim unemployment benefits under EU law, an EU national must have been employed for at least one year in the host state.

<p>True (A)</p> Signup and view all the answers

Mary has the right under EU law to practice law in France without passing the French bar exam.

<p>False (B)</p> Signup and view all the answers

Case law such as C-85/96, Martínez Sala, may influence the interpretation of rights for EU nationals in accessing social benefits.

<p>True (A)</p> Signup and view all the answers

The C-413/99 Baumbast case upheld the UK's right to deny residence to EU citizens.

<p>False (B)</p> Signup and view all the answers

EU law allows national measures to compromise the internal market for any reason.

<p>False (B)</p> Signup and view all the answers

The principle of proportionality requires that national regulations must pursue a legitimate objective.

<p>True (A)</p> Signup and view all the answers

Public measures in Member States should restrict individuals' freedom to move unless justified by less restrictive means.

<p>True (A)</p> Signup and view all the answers

Public measures can distort competition in the internal market as long as they serve domestic industries.

<p>False (B)</p> Signup and view all the answers

National actions in a public capacity are encouraged to create barriers to trade within the internal market.

<p>False (B)</p> Signup and view all the answers

The Court in the C-413/99 Baumbast case emphasized the importance of public health as a justification for restricting movement.

<p>False (B)</p> Signup and view all the answers

Measures that are not the least restrictive means of achieving an objective are considered valid under EU law.

<p>False (B)</p> Signup and view all the answers

Flashcards

Freedom of Establishment

The right of EU citizens to set up and run businesses or professional practices in any other EU country.

Article 49 TFEU

A treaty article guaranteeing the freedom of establishment for EU citizens, allowing them to work and set up businesses in any EU country.

German Bar Council

The body responsible for regulating the legal profession in Germany. It sets the requirements for lawyers to practice in the country.

Limitations to Freedom of Establishment

The right to establish a business or professional practice is not absolute and can be restricted if the limitations are justified by public interest objectives.

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Legal System Differences

The difference in legal systems between Ireland and Germany requires Aoife to undertake further legal education in Germany.

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Language Proficiency Requirement

To protect German clients, Aoife must demonstrate proficiency in the German language, ensuring effective communication and legal representation.

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Practice under Supervision

A requirement for Aoife to work under the supervision of a qualified German lawyer for a set period, ensuring practice and integration in the German legal system.

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Court of Justice of the European Union (CJEU)

The Court of Justice of the European Union (CJEU) interprets and ensures compliance with EU law, including the freedom of establishment.

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Individual Concern

An individual is only considered 'of individual concern' if they are uniquely affected by an act, meaning their situation is distinct from everyone else's.

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Annulment Action

A legal action to overturn a decision made by an EU institution due to a violation of EU law. It's like a legal appeal to ensure EU rules are upheld.

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Lack of Competence

The EU institution that adopted a measure acted outside the powers granted to it by the treaties. It's like acting outside your job description.

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Infringement of Essential Procedural Requirements

Improper procedures were followed during the decision-making process, like failing to consult required parties or providing insufficient reasoning.

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Infringement of the Treaties or Any Rule of Law Relating to Their Application

A measure violates EU treaties, fundamental rights, or general principles of EU law, such as proportionality. It's like breaking EU rules or principles.

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Misuse of Powers

A measure is adopted for a purpose different from the one stated. It's like using a hammer for a screwdriver.

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Acts Subject to Annulment

Regulations, directives, decisions, etc. These are legally binding acts by EU institutions that have consequences.

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Effects of Annulment

The CJEU's decision to overturn an EU measure means it is considered invalid from the moment it was adopted.

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Principle of Proportionality

This principle ensures the EU only acts when necessary to achieve its goals, preventing overregulation and unnecessary interference in Member States' affairs.

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Principle of Subsidiarity

This principle ensures that EU action is taken only when it is more effective than action taken at the national, regional, or local level.

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Principle of Conferral

This principle states that the EU has only those powers explicitly conferred upon it by the Member States through the Treaties. This means the EU's powers are limited and defined.

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Exclusive Competences

Areas where the EU has the exclusive right to legislate, such as customs union, competition policy, and monetary policy.

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Shared Competences

Areas where the EU and Member States share legislative competences, such as the environment, transport, and energy.

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Supporting Competences

Areas where the EU can support Member States through funding and programmes, but has no legislative authority, such as culture, education, or tourism.

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Democratic Deficit

The perceived lack of democratic accountability in EU decision-making, where citizens feel distant from the institutions that affect their lives.

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Tension Between EU and Member States

The ongoing tensions between the EU and its Member States regarding the division of powers and national sovereignty.

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Freedom of Movement and Residence

The right of EU citizens to freely move and live in any EU country. Includes the right to work in any Member State.

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Directive 2004/38/EC

A legal act that sets out the rights of EU citizens and their family members to move and reside freely within the EU.

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Non-Discrimination

The principle that prohibits discrimination based on nationality or type of business.

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Pauline's Right to Live in Italy

A French citizen has the right to live and work in Italy based on EU law.

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Pauline's Husband's Residence Permit

Pauline's American husband has the right to live in Italy with her, but he must meet certain requirements.

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Italian Legislation and Freedom of Establishment

The Italian government's decision to reduce funding for grassroots rugby might violate EU law if it disadvantages rugby businesses compared to other sports.

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Refusal of Residence Permit and EU Law

Refusing to grant a residence permit to Pauline's husband could violate EU law, as he meets the requirements.

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Freedom of Movement for Workers

The right for EU nationals to work and live freely within the EU, prohibiting discrimination based on nationality.

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Non-discrimination Principle

Prohibits treating EU citizens less favorably than nationals of the host country after they exercise their right to free movement.

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Unemployment Benefits for EU Workers

EU citizens who have worked for at least a year in a host state and involuntarily lost their jobs can claim unemployment benefits.

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Equal Treatment for Social Benefits

EU citizens who are economically active (working or self-employed) in a Member State have the right to receive social benefits on an equal footing with nationals.

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Martínez Sala Case (C-85/96)

This case established that EU citizens who have lawfully resided in a Member State for a sufficient period can claim unemployment benefits, regardless of their nationality.

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Can Mary claim unemployment benefits in France?

EU law may allow Mary, an Irish national, to claim unemployment benefits in France, despite not being a French national, based on her previous work experience and EU regulations.

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Can Mary practice law in France?

EU law may allow Mary to practice law in France under certain conditions. She needs to pass the French bar exam and can't be discriminated against because of her nationality.

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EU law and Mary's professional goals

EU law, particularly the Freedom of Movement for Workers and the Free Movement Directive, might provide Mary with the legal basis to pursue her professional goals in France, despite being an Irish national.

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C-413/99 Baumbast case

The right of EU citizens to freely move and reside within the EU. This case involved a German family denied residence in the UK, with the Court ruling that the UK's action violated EU law.

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Public Measures

Measures taken by Member States in their public role (e.g., protecting public health, environment, or national security).

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Proportionality

The principle that any national regulation restricting the internal market must be necessary and proportionate, meaning it must be the least restrictive way to achieve a legitimate objective.

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Public Measures and the Internal Market

EU law requires that public measures do not excessively impede the free movement of goods, services, workers, and capital. They must be justified and proportionate to the objective they aim to achieve.

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Commission v. Italy (C-305/05)

A CJEU ruling where Italy imposed discriminatory taxes on foreign products, hindering foreign services. The Court found that such measures distorting competition are incompatible with EU objectives.

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Public Measures and the Internal Market (Conclusion)

Public measures must not create barriers to trade, services, or movement within the EU. They must be justified and proportionate to the objective they aim to achieve.

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Proportionality and the Internal Market

The principle of proportionality requires that national measures must not be too restrictive or go beyond what is necessary to achieve a specific objective. This ensures that the internal market is not unduly hampered by national legislation.

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Proportionality of Public Measures

National measures that restrict the internal market must be necessary and proportionate. They must pursue a legitimate objective and be the least restrictive means of achieving that objective.

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Study Notes

Summary of EU Law Notes

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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