European Union Law Exam Questions

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Questions and Answers

What is the scope of the European Union's regulatory power?

Only matters expressly given by European Treaties to EU competence (correct)

Any matter, with approval from a simple majority of the Council

Any matter, with approval from the European Parliament

Any matter, with approval from a qualified majority of the Council

What should a national judge do if a Member State approves a less favourable regulation than an EU directive?

Continue to apply the national law and refer the question to the Commission

Apply the EU directive and consider the national regulation null (correct)

Apply the national regulation

Suspend the national law and refer an interpretative question to the Court of Justice

Who can refer preliminary questions on the correct interpretation of EU Law to the European Court of Justice?

The Commission

Only national Constitutional Courts

Private parties in a trial

All national judges (correct)

What is a condition for the European Union to take regulations and directives?

Express authorization by the European Treaties Signup and view all the answers

What should a national judge do if an EU directive is not self-executing?

Apply the EU directive and consider the national regulation null Signup and view all the answers

Who is responsible for ensuring that national laws conform to EU Law?

The Commission Signup and view all the answers

What is the role of the European Court of Justice in ensuring conformity with EU Law?

To interpret EU Law and provide guidance to national judges Signup and view all the answers

What kind of freedom of movement do employed workers and self-employed persons enjoy within the European Union?

Different kinds of freedom, with self-employed persons enjoying the freedom of service providers Signup and view all the answers

What happens to a citizen of an EU Member State who has worked in a different Member State and loses their job?

They can stay in the host country to find a new job, but with potential time limits Signup and view all the answers

If an employment contract specifies Dutch law as applicable, how is it regulated for a French citizen working in Italy?

By Dutch law, unless Italian mandatory rules grant higher protection Signup and view all the answers

Can an EU citizen who has worked in another Member State stay in that country indefinitely after losing their job?

Yes, but only for a limited time to find a new job Signup and view all the answers

What determines the applicable law in an employment contract between a French company and an Austrian citizen working in Spain?

The law chosen by the parties in the contract Signup and view all the answers

What is the impact of choosing French law as applicable in an employment contract between a French company and an Austrian citizen working in Spain?

The contract is regulated by French law, unless Spanish mandatory rules grant higher protection Signup and view all the answers

What is the significance of the Convention of Rome and Regulation 593/2008 in international employment contracts?

They determine the applicable law in employment contracts Signup and view all the answers

What is the main difference between the freedom of movement enjoyed by employed workers and self-employed persons within the EU?

Employed workers enjoy the freedom of service providers, while self-employed persons enjoy the freedom of establishment Signup and view all the answers

Study Notes

Regulation and Directives

The European Union (EU) can take regulations and directives concerning matters given to EU competence by European Treaties.
The EU's approval process for regulations and directives varies depending on the matter, with options including simple majority, qualified majority, or approval by the European Parliament.

National vs EU Regulations

If a Member State approves a regulation less favourable to its citizens and workers than an EU directive, the national judge must apply the EU directive and consider the national regulation null.
This applies when the EU directive is not self-executing.

Preliminary Questions on EU Law

Preliminary questions on the correct interpretation of EU Law can be referred to the European Court of Justice (ECJ) by national judges.
This can include any national judge, not just Constitutional Courts or private parties.

Human Rights Convention

A citizen of a State can apply to the Court of Strasbourg claiming to be a victim of a violation of the rights set forth in the Convention for the Protection of Human Rights (ECHR).
This can only be done after all domestic remedies have been exhausted.

Freedom of Movement

Employed workers and self-employed persons enjoy different kinds of freedoms of movement within the European Union.
Self-employed persons enjoy the freedom of movement established for providers of services.

Employment Rights

If a citizen of an EU Member State has worked in a different Member State and their employment relationship ceases, they can continue to stay in the host Member State to find a new job.
However, every Member State can establish time limits to the right of residence to apply when the worker has been involuntarily unemployed for more than 12 consecutive months in that Member State.

Employment Contracts and Applicable Law

An employment contract is regulated by the law chosen by the parties, unless mandatory rules of the country where the work is performed grant a higher protection to the employee.
This applies to EU citizens employed by companies from other EU countries, working in another EU country.

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Description

Practice questions from previous exams on European Union law, covering topics such as EU competence and decision-making processes. Test your knowledge of EU regulations and directives.