European Union Quiz
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Questions and Answers

What treaty marked the creation of the European Union?

  • Lisbon Treaty
  • Treaty of Rome
  • Treaty of Maastricht (correct)
  • Paris Treaty

Which countries joined the EU during the 2004 Eastern enlargement?

  • UK, Ireland, and Denmark
  • Estonia, Latvia, and Lithuania (correct)
  • Austria, Sweden, and Finland
  • Greece, Spain, and Portugal

Which of the following is NOT a founding state of the European Coal and Steel Community (ECSC)?

  • Germany
  • Luxembourg
  • Italy
  • Spain (correct)

What year was the Lisbon Treaty enacted, affirming the legal foundation of the EU?

<p>2009 (A)</p> Signup and view all the answers

Which of the following principles is NOT included in Article 2 TEU as a value of the EU?

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

Which country held the EU presidency when Austria applied to join the union?

<p>France (C)</p> Signup and view all the answers

What was the result of the 1975 referendum in the UK?

<p>UK remained in the EU (B)</p> Signup and view all the answers

Which of the following countries did NOT join the EU in 1995?

<p>Norway (D)</p> Signup and view all the answers

What was the main reason Italy provided for missing the transposition deadline for Directive 70/458/EEC?

<p>A thorough study and consultations were needed. (C)</p> Signup and view all the answers

How did Italy justify its failure to transpose the directive on time?

<p>There was a government crisis affecting legislation. (D)</p> Signup and view all the answers

What did the EU's sixth VAT Directive 77/388 change regarding VAT?

<p>It exempted certain activities from VAT. (C)</p> Signup and view all the answers

What was the consequence for Germany not implementing the VAT directive by its deadline?

<p>Miss Becker was denied tax exemption for her 1979 sales. (D)</p> Signup and view all the answers

What argument did Italy present regarding the transposition deadline being too short?

<p>Other member states were also unable to meet it. (B)</p> Signup and view all the answers

What action did the Commission take against Italy in June 1975?

<p>Brought an action before the ECJ. (B)</p> Signup and view all the answers

What was one of the main implications of Germany's late implementation of the VAT law?

<p>Germany benefitted from its own violation. (B)</p> Signup and view all the answers

Which of the following statements is true regarding the implementation timeline of the VAT directive?

<p>Germany failed to implement the directive by the specified date. (D)</p> Signup and view all the answers

What is the primary intention of Article 45 TFEU regarding workers within the Union?

<p>To allow workers to be employed without any discrimination based on nationality. (A)</p> Signup and view all the answers

According to the ECJ's Gebhard Formula, what constitutes a measure that impedes freedom of movement?

<p>Non-discriminatory measures that can lead to less attractiveness for workers. (A)</p> Signup and view all the answers

Which of the following actions is NOT encompassed by the rights granted under Article 45 TFEU?

<p>Working exclusively in the public service sector. (B)</p> Signup and view all the answers

What justification was given by Belgium for refusing Ms. Adoui a residence permit?

<p>She worked in a morally questionable establishment. (C)</p> Signup and view all the answers

What is a key limitation of the freedom of movement principle as stated in Article 45 TFEU?

<p>Freedom of movement is subject to limitations justified on grounds of public policy, security, or health. (D)</p> Signup and view all the answers

Which type of measures does the Graf-Case define as needing 'minimum concrete gravity' to impact workers' decisions?

<p>Measures that hypothetically affect workers' decisions. (A)</p> Signup and view all the answers

What is a potential issue regarding the justification for public security in relation to worker mobility?

<p>It must depend on how a former crime influences public security. (C)</p> Signup and view all the answers

Which of the following is a broad definition of measures that could affect the freedom of movement for workers?

<p>Administrative barriers that complicate employment applications. (A)</p> Signup and view all the answers

Which of the following correctly defines 'establishment'?

<p>It includes legal persons and self-employed individuals regardless of nationality. (D)</p> Signup and view all the answers

What is an example of economic activity that qualifies as 'establishment'?

<p>Offering services as a self-employed architect. (A)</p> Signup and view all the answers

Which statement about the restrictions on the freedom of establishment is correct?

<p>Art. 51 prohibits restrictions on freedom of establishment for nationals of Member States. (D)</p> Signup and view all the answers

What does the right to secondary establishment mean for companies?

<p>Companies have the right to set up branches in other Member States. (D)</p> Signup and view all the answers

Which of the following does NOT fall under the definition of 'establishment'?

<p>Setting up a personal blog without any monetization intention. (A)</p> Signup and view all the answers

Which principle is reflected in Art. 54 regarding companies within the EU?

<p>Companies formed under Member State law are treated like their national persons. (C)</p> Signup and view all the answers

Which statement correctly describes the economic activity requirement for 'establishment'?

<p>Any activity that involves selling goods or services can qualify. (B)</p> Signup and view all the answers

Who can be an addressee of the restrictions on freedom of establishment?

<p>Both private individuals and Member States when equivalent to state measures. (B)</p> Signup and view all the answers

What distinguishes a service from establishment under the provided definitions?

<p>Services are characterized by their temporary nature. (A)</p> Signup and view all the answers

Which of the following is NOT considered a 'service' according to the definitions provided?

<p>Permanent government positions. (B)</p> Signup and view all the answers

In the context of the freedom to provide services, who can pursue activities in another Member State?

<p>Any legal or natural person providing services. (B)</p> Signup and view all the answers

What is the primary criterion that differentiates between services and establishment?

<p>The duration and permanence of the activity. (A)</p> Signup and view all the answers

Which scenario exemplifies passive freedom to provide services?

<p>A German tourist enjoying an attraction in Austria. (D)</p> Signup and view all the answers

When offering services in other countries while established in Austria, what type of freedom is being utilized?

<p>Freedom to provide services. (D)</p> Signup and view all the answers

What is the exception listed in the service definition?

<p>Official authority. (D)</p> Signup and view all the answers

How does the concept of 'services' relate to market freedoms?

<p>It encompasses all activities not covered by the other freedoms. (D)</p> Signup and view all the answers

What distinguishes pharmacists from non-pharmacists in operating a pharmacy?

<p>Pharmacists are presumed to operate from a professional viewpoint. (D)</p> Signup and view all the answers

What risk may arise from a pharmacy operated by a non-pharmacist?

<p>Compromise in public health and medicinal product quality. (A)</p> Signup and view all the answers

Which of the following might help mitigate risks associated with non-pharmacist operated pharmacies?

<p>Requiring the presence of a pharmacist in the pharmacy. (A)</p> Signup and view all the answers

Why might insurance not be an effective solution for pharmacies operated by non-pharmacists?

<p>Insurance only compensates after harm occurs, not preventing actions. (B)</p> Signup and view all the answers

What is a potential consequence of pharmacists being employed under an operator?

<p>They may face challenges opposing operator's instructions. (D)</p> Signup and view all the answers

How does the profit motive affect non-pharmacists compared to self-employed pharmacists?

<p>Non-pharmacists' profit motives are not tempered by professional standards. (D)</p> Signup and view all the answers

What is one argument against non-pharmacist-operated pharmacies?

<p>They do not provide necessary safeguards for public health. (A)</p> Signup and view all the answers

What might a Member State believe about legislative rules regarding pharmacists operated by non-pharmacists?

<p>They might not be observed due to profit-driven motives. (B)</p> Signup and view all the answers

Flashcards

What was the EEC?

The European Economic Community (EEC) was established in 1958 by the Treaty of Rome. It aimed to promote economic cooperation and integration among its member states.

What was the Treaty of Maastricht?

The Treaty of Maastricht, signed in 1993, marked a significant step towards political integration by creating the European Union (EU). It established shared institutions and policies, including the Euro currency.

What was the Lisbon Treaty?

The Lisbon Treaty, signed in 2009, reformed the EU's institutions and simplified decision-making processes, aiming to make the Union more efficient and democratic.

What are the core values of the EU?

The EU's core values include respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights. These are fundamental principles guiding the Union's actions.

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How can a country join the EU?

Article 49 of the Treaty on European Union (TEU) outlines the process for any European state wanting to join the EU. The state needs to respect the EU's values and be committed to promoting them.

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What is the 'Eastern Enlargement'?

The EU's eastern enlargement in 2004 saw several countries from Central and Eastern Europe joining the Union. This event marked a significant expansion after the fall of the Iron Curtain.

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What was the 1975 UK Referendum about?

The 1975 UK Referendum was the first instance where the UK public was asked whether they wanted the UK to remain in the European Union.

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What is Brexit?

Brexit refers to the UK's withdrawal from the European Union. The process began with a referendum in 2016 and concluded in 2020.

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Transposition deadline

In EU law when a Member State fails to implement an EU Directive into its national law within the designated timeframe.

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Unforeseeable crisis

A government change or unforeseen event, such as a crisis, that may lead to delays in implementing EU directives.

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Action brought before the ECJ

A legal procedure where a country is brought before the ECJ for failing to properly implement an EU Directive.

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Directive vs. Regulation

A directive requires Member States to implement its provisions, while they have the freedom to choose the means of implementation.

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Transposition

The process of incorporating the provisions of an EU Directive into national laws.

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Beneficiary of own violation

A situation where a country benefits from its own violation of a legal obligation by gaining an unfair advantage.

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Damages claim

The legal right of an individual to seek compensation for damages caused by a state's failure to comply with EU law.

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Fulfillment of legal obligations

The obligation of a state to fulfill its international legal obligations, even if there are unforeseen difficulties.

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What constitutes an "undertaking" under the Freedom of Establishment?

An undertaking can be a legal entity, like a corporation, or a natural person, like a self-employed individual. It refers to entities engaging in economic activities.

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What is the 'cross border' aspect of the Freedom of Establishment?

The Freedom of Establishment applies to activities that cross borders between EU member states. It ensures that individuals or companies can set up and run businesses in other EU countries.

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What are the exceptions to the Freedom of Establishment?

Government bodies and public administrations are generally excluded from the scope of the Freedom of Establishment. Their actions are subject to specific regulations.

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What does the freedom of establishment allow?

The freedom of establishment allows individuals and companies to set up a permanent presence in another Member State, enabling them to engage in self-employment or establish companies.

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Who is the freedom of establishment applicable to?

The right of establishment applies to both EU nationals and companies established in the EU. However, restrictions may exist for non-EU citizens.

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How do economic activities influence an organization's status under the Freedom of Establishment?

While the freedom of establishment doesn't directly prohibit a religious organization's profit, it focuses on the organization's economic activities. So, even if Catholic churches aren't profit-oriented, they can still be considered undertakings if they engage in economic activities.

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What does the freedom of establishment include?

The freedom of establishment includes the right of secondary establishment, which allows companies to set up agencies, branches, or subsidiaries in other EU member states.

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Are there any limitations on the freedom of establishment?

The Freedom of Establishment is not absolute. Article 51 of the Treaty on the Functioning of the European Union allows restrictions on the freedom of establishment under specific circumstances.

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What is a 'service' in the context of EU law?

Any paid activity that doesn't fall under other market freedoms like free movement of goods, capital, or workers.

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What is 'Passive freedom to provide services'?

It means being in the same country, offering a service to someone.

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What is 'active freedom to provide services'?

A person offering services temporarily in another country.

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What does 'under the same conditions...' mean in the context of providing services?

It's the same conditions as those imposed on nationals of the host country, without discrimination.

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What is the key difference between providing services vs. setting up an establishment?

The activity must be performed on a temporary basis, without permanence or continuity.

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Can someone offer services without having an establishment?

A person providing services does not require an establishment in the host state to offer the service.

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Who can be a service provider under EU law?

It includes corporate bodies (public or private) and individuals, both self-employed and employees.

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Who can receive services within the scope of EU law?

This concept covers both activities performed for private individuals and those executed for public authorities.

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Pharmacist's Dual Responsibility

Pharmacists, due to their training and professional responsibility, operate pharmacies with a balance between profit and patient well-being.

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Non-Pharmacist Risk

Non-pharmacists lack the specific training, experience, and ethical obligations of pharmacists, potentially putting public health at risk by operating pharmacies.

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Member State Discretion

Member states can restrict non-pharmacists from operating pharmacies to safeguard public health, as they may prioritize profits over patient safety.

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Less Restrictive Measures

Alternative measures like mandatory pharmacist presence, insurance, or strict controls may be considered to address potential risks of non-pharmacists operating pharmacies.

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Profit vs. Patient Safety

The potential for non-pharmacists to prioritize profit over patient safety creates concerns for Member States about the effectiveness of regulatory measures.

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Insurance Limitations

Insurance might compensate for harm after the fact, but it doesn't prevent the influence of non-pharmacist operators on employed pharmacists, impacting patient care.

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Professional Independence

Non-pharmacists may not respect professional independence guidelines, potentially posing a risk to public health by influencing employed pharmacists.

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Public Health Justification

Protecting patient safety through measures like restricting non-pharmacists from operating pharmacies is considered crucial and justified by Member States.

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Free Movement of Workers

The right of EU citizens to move freely between EU countries for work, study, and settlement, but can be limited for reasons of public policy, public security or public health.

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Gebhard Formula

A principle of EU law, established by the European Court of Justice (ECJ), that measures that 'prohibit, impede or render less attractive' the freedom of movement within the EU are prohibited. However, this principle has been slightly softened since its initial formulation in later cases.

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Who is a ‘worker’ in EU law?

The freedom of movement of workers applies only if a person qualifies as a ‘worker’ under EU law. This means the person must be employed and derive their income from a working relationship within the EU, regardless of nationality.

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Minimum Concrete Gravity

The Court of Justice of the European Union (CJEU) stated that a minimum level of gravity must exist for a measure to be considered a restriction on the freedom of movement of workers based on the Gebhard Formula.

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Non-discriminatory Measures

A principle of EU law that all Member States must treat their own nationals and nationals of other EU countries equally in relation to the freedom of movement of workers.

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Ms. Adoui Case

The ECJ case of Ms. Adoui, a French citizen who worked in Belgium in a bar, where she was denied a residence permit based on the nature of the bar, highlighted the delicate balance between the freedom of movement and public order considerations. The case led to discussions on how to apply the Gebhard Formula in situations involving public order or morality concerns.

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Study Notes

What is the European Union?

  • A state needs three elements: territory, people (citizenship), and powers (legislation and enforcement).
  • The EU does not have a territory of its own; its territory is the territory of its member states.
  • There is no EU citizenship, but member states give citizens rights like working, studying, and traveling.
  • The EU makes rules, but member states give the EU the authority to do this.
  • The EU is an international organization, but it has significant power.

What is the EU?

  • The EU has 27 member states.
  • 20 eurozone countries use the euro currency.
  • 448 million inhabitants.
  • GDP roughly 17 trillion euros.
  • Annual budget about 140 billion euros.

Principles of the EU

  • Supranationality: Member states give the EU the power to make decisions.
  • Rule of Law: EU laws are binding for all member states.
  • Subsidiarity: The EU only intervenes when a problem cannot be solved at a lower level.
  • Solidarity: Wealthy member states support poorer member states.
  • Degressive Proportionality: Smaller states have proportionally more power than larger ones.
  • Compromise: EU decisions often involve compromise to reach consensus.

History of the EU

  • 1952: European Coal and Steel Community established.
  • 1958: European Economic Community (EEC) and European Atomic Energy Community (Euratom) established.
  • 1973: UK, Ireland, and Denmark joined the EU.
  • 1981: Greece joined the EU.
  • 1986: Spain and Portugal joined the EU.
  • 1993: Treaty on European Union signed, creating the European Union.
  • 1995: Austria, Finland, and Sweden joined the EU.
  • 2002: Eurozone established.
  • 2004: Central and Eastern European countries joined the EU.
  • 2007: Bulgaria and Romania joined the EU.
  • 2013: Croatia joined the EU.
  • 2016: UK voted to leave the EU (Brexit).

Institutions of the EU

  • European Commission: Proposes legislation.
  • European Parliament: Co-legislates with the Council of the EU.
  • Council of the EU: Co-legislates with the European Parliament.
  • Court of Justice of the European Union: Interprets EU law.

Accession criteria

  • Political Criteria: Respect for human rights and democracy
  • Economic Criteria: Stable market economy
  • Legislature Criteria: Ability to incorporate EU law

EU withdrawal

  • 2 year period to leave the EU.
  • Need to sign agreements.

EU Law

  • Primary Law: Treaties that establish the EU (TEU and TFEU).
  • Secondary Law: Regulations and directives created by EU institutions.
  • Regulations: Directly applicable in all member states.
  • Directives: Require member states to implement them into their national laws.

EU Law Hierarchy

  • EU primary law is the most important.
  • EU secondary law is the next level.
  • National law sits at the bottom.

Free Movement of Goods, Persons, Capital, and Services

  • Goods: No restrictions on the movement of goods between member states.
  • Persons: Free movement of workers and establishment.
  • Capital: Free movement of capital between member states.
  • Services: Free movement of services (e.g., professional services) between member states.

Justification for restrictions on free movement

  • Public morality/health/safety.
  • Environmental protection/consumer protection
  • Fiscal supervision/fairness of commercial transactions/protection of workers.

Proportionality

  • The restriction on the freedom of movement must only be as necessary to achieve the goal.
  • There should be less restrictive means to achieve the same goal.

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