EU Revision Bundle: Institutions & Theories
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Questions and Answers

What does the EEC Treaty create in terms of the legal status of Member States?

  • It prevents individuals from asserting rights.
  • It exclusively benefits the Commission.
  • It establishes a new legal order of international law. (correct)
  • It allows complete sovereignty to the Member States.

    • Which of the following statements about Community law is true?

  • Community law can grant rights to individuals based on the Treaty. (correct)
  • Community law is not applicable in national courts.
  • Community law only imposes obligations on Member States.
  • Community law cannot confer rights upon individuals.

    • What does Article 12 of the EEC Treaty prohibit?

  • Increasing tariffs on all goods.
  • Imposing taxes on exports.
  • Increasing customs duties unconditionally. (correct)
  • Adjusting internal regulations of businesses.

    • How can individuals utilize the obligations imposed by the Treaty?

    <p>They are able to plead these obligations in national courts.</p> Signup and view all the answers

    What must the Court consider when determining the legality of a customs duty increase under Article 12?

    <p>The duties actually applied at the Treaty’s entry into force.</p> Signup and view all the answers

    Which scenario could lead to an unlawful increase in customs duty under Article 12?

    <p>Reclassification of a product to a higher tax category.</p> Signup and view all the answers

    In the case involving Flaminio Costa, what was the primary argument made against the nationalization of the electricity sector?

    <p>It breached several articles of the EEC Treaty.</p> Signup and view all the answers

    What role did the Giudice Conciliatore play in Costa's case?

    <p>He referred the case for a preliminary ruling to the European Court of Justice.</p> Signup and view all the answers

    What fundamental right have the courts established regarding healthcare access?

    <p>Right to access adequate healthcare</p> Signup and view all the answers

    What did the Court rule regarding the draft revised Lisbon Agreement?

    <p>It falls within the exclusive competence of the EU in the field of common commercial policy.</p> Signup and view all the answers

    What must a Member State do if it cannot meet the standard of adequate healthcare?

    <p>Fully reimburse the patient for seeking treatment elsewhere</p> Signup and view all the answers

    In the Watts case, why did the patient travel to France for surgery?

    <p>To avoid a longer waiting time</p> Signup and view all the answers

    What is a key characteristic of the common commercial policy according to the Court's determination?

    <p>It concerns trade with third states.</p> Signup and view all the answers

    What must international agreements concerning intellectual property demonstrate to fall under the common commercial policy?

    <p>They should have a specific link with international trade.</p> Signup and view all the answers

    What was the medical issue faced by the patient in the Elchinov case?

    <p>Malignant oncological disease of the eye</p> Signup and view all the answers

    What specific treatment did Petru seek in Germany?

    <p>Hip replacement surgery</p> Signup and view all the answers

    What effect does the revised Lisbon Agreement have on producers according to the Court's findings?

    <p>It removes the obligation to apply for separate registration.</p> Signup and view all the answers

    What criteria did the Netherlands Law on Nationality establish for losing nationality under Article 15(1)(c)?

    <p>Uninterrupted residence outside the Netherlands and the EU for 10 years</p> Signup and view all the answers

    What was a key objective of the revised Lisbon Agreement as concluded by the Court?

    <p>To ensure reciprocal protection of appellations of origin.</p> Signup and view all the answers

    What was a consequence of Ms Tjebbes' nationality under Article 16(1)(d)?

    <p>Her minor children would lose nationality if she lost it</p> Signup and view all the answers

    How did the Court describe the international agreement's impact on trade?

    <p>It facilitates trade by simplifying registration procedures.</p> Signup and view all the answers

    How many individuals were involved in the Tjebbes case?

    <p>Four individuals</p> Signup and view all the answers

    What legal basis did the Council erroneously choose for its decision regarding the revised Lisbon Agreement?

    <p>Article 114 TFEU</p> Signup and view all the answers

    What are the intended purposes of the revised Lisbon Agreement?

    <p>To establish a system of international registration for trade facilitation.</p> Signup and view all the answers

    What is one area where the EU judiciary is gaining more control?

    <p>Domestic judicial procedures and organization</p> Signup and view all the answers

    Which of the following statements about national supreme and constitutional courts is accurate?

    <p>They have increasingly challenged CJEU authority.</p> Signup and view all the answers

    What does the C-224/01, Kobler case establish?

    <p>State liability arises from manifest infringements of the duty to refer.</p> Signup and view all the answers

    What trend is being observed in the relationship between EU law interpretation and national courts?

    <p>National courts are interpreting EU law more autonomously.</p> Signup and view all the answers

    What does Article 37(2) ensure for individuals in Member States?

    <p>It creates individual rights that national courts must protect.</p> Signup and view all the answers

    What was the main outcome of the Costa v ENEL case?

    <p>It established the supremacy of Community law over national law.</p> Signup and view all the answers

    Which case defines what constitutes a court for the purposes of preliminary reference procedures?

    <p>C-53/03, Syfait</p> Signup and view all the answers

    How is the maturation of the EU judicial system characterized?

    <p>By a nuanced approach to uniformity.</p> Signup and view all the answers

    Which articles of the EEC Treaty are noted to create individual rights?

    <p>Articles 37(2) and 53</p> Signup and view all the answers

    What characterizes the pushback against centralizing forces within the EU judiciary?

    <p>Challenges to the supremacy of EU law by national courts.</p> Signup and view all the answers

    What must national courts assess regarding state monopolies?

    <p>Whether the economic activity is related to market-competitive products.</p> Signup and view all the answers

    What is the significance of the Melloni case in relation to EU law?

    <p>It confirms that EU law must align with fundamental rights of Member States.</p> Signup and view all the answers

    What does the CILFIT case introduce regarding the duty to refer under Article 267 TFEU?

    <p>Exceptions to the duty to refer.</p> Signup and view all the answers

    What condition must be met for the German Constitutional Court (GCC) not to review EU law?

    <p>The EU law must guarantee equivalent standards of fundamental rights.</p> Signup and view all the answers

    What was the nature of Stefano Melloni's sentence by the Tribunale di Ferrara?

    <p>It was executed in absentia.</p> Signup and view all the answers

    Which of the following statements reflects the legal duty created by the discussed articles?

    <p>National courts have a duty to enforce the rights of individuals.</p> Signup and view all the answers

    What does Article 21(1) TFEU preclude regarding the same-sex spouse of a Union citizen?

    <p>Denying a right of residence to the same-sex spouse lawfully married in another Member State.</p> Signup and view all the answers

    According to the ruling, for how long can a third-country national same-sex spouse reside in the Member State of the Union citizen?

    <p>More than three months with conditions no stricter than Article 7 of Directive 2004/38.</p> Signup and view all the answers

    What provides the basis for JD's right of residence in Germany?

    <p>Article 10 of Regulation 492/2011.</p> Signup and view all the answers

    Which of the following statements is true regarding the social assistance benefits received by JD?

    <p>They were discontinued on the basis of not retaining worker status while seeking employment.</p> Signup and view all the answers

    What was a key issue raised in JD's case by the Jobcenter Krefeld?

    <p>JD's right to receive social assistance benefits as a worker.</p> Signup and view all the answers

    What must a Member State do regarding same-sex marriages legally concluded in another Member State?

    <p>Recognize them for the purpose of granting residence to the non-EU spouse.</p> Signup and view all the answers

    How did the Sozialgericht Düsseldorf rule in JD's favor?

    <p>By declaring he was eligible for social benefits.</p> Signup and view all the answers

    How does Article 24(2) of Directive 2004/38 relate to JD's situation?

    <p>It applies to the right to equal treatment with EU citizens.</p> Signup and view all the answers

    Study Notes

    EU Revision Bundle

    • The EU revision bundle covers how to structure the institutions and theories of integration.
    • Recurring themes include the purpose of the EU, powers and weaknesses of different institutions, power allocation between institutions, and the importance of balancing democracy with efficiency.
    • World War II was a major catalyst for the EU's formation, driving the need to rebuild Europe economically and morally, prevent future conflicts, and address issues such as colonialism and communism.
    • The lecture traces the EU's journey from the Treaty of Rome in 1957 to the present day, highlighting key milestones like expansions, the introduction of the Euro, and the shift towards political integration.
    • The lecture acknowledges contemporary challenges like economic crises, the refugee crisis, Brexit, and the rule of law crisis.

    Theories of Integration

    • Four major theories explaining the EU's purpose are explored, including intergovernmentalism, neo-functionalism, supranationalism, and post-functionalism.
    • Intergovernmentalism focuses on cooperation between member states prioritizing national interests.
    • Neo-functionalism emphasizes efficient regulation of specific sectors by technocrats.
    • Supranationalism envisions the EU as a body transcending nation-states to empower citizens.
    • Post-functionalism views the EU as a dynamic entity shaped by crises while balancing integration with national interests.

    Institutions and Law Making

    • The lecture examines the EU legislative process, focusing on the tension between efficiency and transparency, particularly concerning trilogues.
    • The Ordinary Legislative Procedure (OLP) is the EU's standard decision-making process involving the Commission, Parliament, and Council, with trilogues as informal negotiations to reach agreements.
    • The Council views trilogues as a way to streamline the process, neutralising Parliament politics, while the Parliament sees them as opportunities to increase its influence.

    Three Perspectives on the EU's Nature

    • The EU can be viewed as an international organisation based on treaties between sovereign states.

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    Description

    This quiz covers the structure of EU institutions and integration theories, tracing its evolution from the Treaty of Rome in 1957 to modern challenges. Explore key themes such as democracy, efficiency, and the EU's response to crises like Brexit and economic issues.

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