European Union Law PDF

1. 2. What was held by the ECJ in Uberseering? - The national courts must not apply the company seat principle. The company seat principle is a justifiable restriction, but it is not since it can be achieved by less restrictive means. - The national courts must apply the company seat principle...

1. 2. What was held by the ECJ in Uberseering? - The national courts must not apply the company seat principle. The company seat principle is a justifiable restriction, but it is not since it can be achieved by less restrictive means. - The national courts must apply the company seat principle. The founding seat principle is a justifiable restriction, but is it not necessary it can be achieved by less restrictive means - The national courts must apply the founding seat principle. The company seat principle is a justifiable restriction, but is it not necessary it can be achieved by less restrictive means. - The national courts must not apply the company seat principle. The company seat principle is neither a justifiable restriction, nor necessary since it can be achieved by less restrictive means. 3. What is the nature of EU law? - Common law - Supranational law - National law - Public national law 4. What new element was introduced by the EJC in Gebhard? - The market access test was adopted to support the free movement of workers. - The four criteria test was adopted to the freedom of establishment of natural persons. - The four criteria test was adopted for the free movement of workers. - The proportionality test was adopted for the freedom of establishment. 5. What legal source provides for the rules on the internal market? - The internal market is provided for in regulations and directives. - The internal market was established by regulations and directives. - The Basic Freedoms as set forth in the TFEU. - The rules on the internal market can be found in the TEU. 6. What new element was introduced by the ECJ in Cassis de Dijon? - The justification by mandatory requirements of the public interest. - The proportionality test. - The necessity test - The rule of reason 7. What are the reasons for the shift of powers from the Member States to the EU? - Member States are obliged by the EU to surrender powers to the EU because of either visions of politicians, or as a result of citizens before the ECJ. - Member States transfer deliberately powers to the EU because of either reducing the workload of national governments, or a crisis or actions of citizens before the ECJ - Member States transfer powers to the EU either deliberately because of visions of politicians or as a result of a crisis or because citizens before the ECJ. - Member States are obliged by the EU to surrender powers to the EU because of either mandatory EU law, or as a result of a.. of citizens before the ECJ. 8. Which EU institution is part of the executive power? - The Court of Justice. - The Council of the European Union - The Parliament - The European Council 9. What is, related to the ordinary legislative procedure, incorrect? - The European Parliament may reject the legislation but may not suggest any changes. - The European Parliament can decide upon legislation as equal partners with the Council of the European Union. - This procedure was introduced by the Maastricht Treaty as the co-decision procedure to increase the influence of the Eurc and therefore to reduce the democratic deficit. - This procedure was formerly known as the co-decision procedure because the European Parliament and the Council have 10. What do the Basic Freedoms prohibit? - Hindrances. - Indistinct hindrances and discriminations.µ - Direct and indirect discrimination. - Discriminations. 11. To what respect is there a democratic deficit as the institutions of the EU are concerned? - The national executive power controls part of the European legislation, because the national governments are represented in the Council. The "one man one vote" principle is violated, because the vote of nationals of larger member states outweighs the vote of nationals of smaller member states. - The national executive powers control the Council which is the only legislative body of the EU. The "one man one vote" principle is violated, because the vote of nationals of smaller member states weighs more that the vote of nationals of larger member states. - The national executive powers control parts of the European legislation, because the national governments are represented in the Council. The "one man one vote" principle is violated in Parliament, because the vote of nationals of smaller member states weighs more than the vote of nationals of larger member states. - Smaller member states are underrepresented in the Council and in the Parliament and are therefore often overruled by larger member states. 12. What role does the Parliament play within the EU? - The Members of Parliament are delegates from the national parliaments. The Parliament is part of the legislation and forms the dominant chamber. It has the right to initiate legislation. - The Members of Parliament are delegates from the national parliaments. It has the right to initiate legislation. - The Members of Parliament are elected directly by the people of the Member States. The Parliament is part of the legislation and.. of the chambers. It has no right to initiate legislation. - The Parliament is part of the legislation and forms the dominant chamber. It has the right to initiate legislation. 13. What policy areas belong exclusively to the EU? - Internal market, external trade and fisheries. - Competition, external trade and environment - Agriculture, external trade and transport - External trade, competition, agriculture. 14. What is meant by request for preliminary ruling? - National courts ask the Court of the EU for its preliminary ruling on a question of the interpretation of EU law which ends the proceeding. - The Commission asks the Council for its preliminary ruling before the Commission drafts its proposal to initiate new legislation - National courts ask the Court of the EU for its preliminary ruling on a question of the interpretation of EU law before resuming court proceedings. - The Commission asks the Council and the Parliament for their preliminary ruling before the Commission drafts its proposal to i legislation. 15. A Belgian consumer can buy products in Portugal without import restrictions. - This is an example of the freedom to establish and provide services. - This is an example of the free movement of goods. - This is an example of the free movement of capital. - This is an example of the free movement of persons. 16. When was the Treaty on European Union signed? - 1957 - 1987 - 1992 - 1993 17. What is a regulation? - It is secondary EU law based on the treaties and is directly applicable. - It is primary EU law based on the treaties and is directly applicable. - It is primary EU law based on the treaties and requires interpretation. - It is secondary EU law based on the treaties and requires implementation. 18. How are the seats in the European Parliament allocated? - Larger member states form constituencies with more seats, so that smaller member states are underrepresented. - Each member states forms a constituency, which is allocated a certain number of seats in direct proportion to its population - Each member state forms a constituency, which is allocated a certain number of seats taking into account its population lead representation of the population of smaller member states. - Constituency are formed of equal sizes each being allocated the same number of seats to ensure the principle of "one man …” 19. When was the European Single Market launched? - 2002 - 1967 - 1987 - 1993 20. Which of the following countries belong to the founding states of the European Economic Con.. - Belgium, France, Germany, Italy, Spain. - Netherlands, France, Germany, Italy, Austria. - Netherlands, Belgium, Italy, Germany, France. - Netherlands, Belgium, Luxembourg, Denmark, Germany. 21. Spanish law requires tobacco retailers to acquire their products from licensees of the State; retailers are prohibited from importing tobacco products. Does this measure fall into the range of a Basic Freedom. - The measure concerns the freedom to provide services, since the retailers have to obtain the service of the licensees. This is an instinct hindrance to the freedom of services. - The measure concerns the free movement of goods, but it is justified to avoid ruinous competition in the tobacco market. - The measure concerns the freedom of establishment. If tobacco retailers cannot import tobacco, it makes it more difficult to establish business in Spain. - The measure concerns the free movement of goods. It hinders the access of imported tobacco to the Spanish market. 22. How were the EU institutions prepared for over 25 member states by the Treaty of Lisbon? - A rotation system was introduced to the Commission to avoid having 25 or more commissioners and Pa the legislative process. - Member States were granted a blocking minority in the Commission. - The qualified majority voting became the standard voting system in the Council as provided by the Treat - The number of Members of the European Parliament was limited to 500. 23. What is part of primary EU law? - The Treaty on European Union and the Treaty on the Foundation of the European Union. - Regulations and Directives. - The Treaty on European Union and the Treaty on the Functioning of the European Union. - The Treaty on European Union, the Treaty on the Foundation of the European Union, regulations and directives. 24. What were the achievements of the Treaty of Maastricht? - Creation of the EU with three columns, introduction of the EU citizenship and the principle of subsidiarity. - Creation of the EC, introduction of the EU citizenship and the principle of subsidiarity. - Creation of the EEA, introduction of the EU citizenship and the single foreign and security policy. - Creation of the Euratom, introduction of the EU citizenship and the common justice and home affairs policy. 25. What statements as to the Schengen Area are correct? - Within the Schengen Area, there are no border controls. Bulgaria, Romania and Croatia are full members of the Sche - In the Schengen Area, there are no border controls; however, exceptions may apply. Great Britain, Ireland and Cyprus Schengen Area. - The Schengen Area has a common visa policy. Great Britain, Ireland and Switzerland are no Schengen countries. - Within the Schengen Area, there are no border controls; however, exceptions may apply. Poland and Hungary left t 26. A German engineer seeks employment from a manufacturer in the Netherlands. - This is an example of the free movement of capital. - This is an example of the free movement of workers. - This is an example of the freedom to establish and provide services. - This is an example of the free movement of goods. 27. What happened to the European Coal and Steel Community? - It expired in 2002. - It dissolved into the EU. - It forms one of the three communities under the roof of the EU. - It was integrated into the EU. 28. In what policy areas is the EU dominant? - Social policy, foreign policy and defence. - Security policy, immigration and agriculture. - Competition, transport, occupation and health. - Environment, internal market and occupational health and safety. 29. What does EEA stand for? - European Economic Area - European Economic Association - East European Association - European Equality Area 30. What was decided by the ECJ in the case of van Duyn? - Ms van Duyn is permitted to immigrate to the U.K. - Directives are indirectly applicable if they are precise enough and the deadline for implementation has expired. - Directives do not require implementation if they are precise enough and the deadline for implementation has expired. - Directives are directly applicable against the member state if they are precise enough and the deadline for implementat.. 31. Britain was the first territory to leave the EU. - Incorrect, Great Britain postponed Brexit. - Incorrect, Greenland left the EEC (as the EU was called at that time) in 1985 and is now associated with - Incorrect, Greenland left the EU for good although it remains an integral part of Denmark. - Correct, Great Britain left the EU effective 29 February 2020. 32. Who has got the right to propose new legislation? - The Council has the right of proposal to initiate legislation to be passed by the Commission and - as the case - The Council may instruct the Commission to draft a proposal for new legislation. - The Commission has the right of proposal to initiate legislation to be passed by the Council and - as the case - The Parliament may instruct the Commission to draft a proposal for new legislation. 33. What are criteria for supranationalism? - States remain fully sovereign, decisions are adopted by consensus, run by representatives of states. - Courts' judgments are binding the states, run by representatives of states, run by a secretariat. - Own institutions, states transferred their sovereignty (partly), decisions are adopted by majority. - Run by its own institutions, just voluntary arbitration, decisions adopted by consensus. 34. The member states have delegated their foreign policy to the EU. - Incorrect, the member states retain their sovereignty on their foreign policy; however, they may coordinat… High Representative for Foreign Affairs and Security Policy. - Incorrect, the member states retain their sovereignty on their foreign policy; however, they may coordina.. EU. - Correct, the High Representative for Foreign Affairs and Security Policy acts as a minister of foreign affai.. - Correct, the Commissioner for External Relations acts as a minister of foreign affairs for the EU. 35. What are the Basic Freedoms? - Freedom of speech, occupation, property and assembly. - Freedom to move within the EU without any discrimination. - Freedom of movement for goods, persons and companies. - Freedom of goods, workers, services, establishment and capital. 36. Which institutions act as the legislation?  - The Commission proposing the legislations and the Council passing it as provided by the TEU. - The Parliamentary Groups initiating the legislation and the Parliament passing it as provided by the TEU - The Commission proposing the legislation, and the Council and the Parliament passing it as provided.. The Council initiating the legislations and the Parliament passing it as provided by the TFEU. 37. What new element was introduced by the ECJ in Commission v Italy? - The market access test. - The four criteria test. - The rule of reason. - The proportionality test. 38. What is a measure which falls in the scope of the free movement of goods? - A measure, which treats imports in a more favourable way than domestic products, which hinders intra-union trade direct actually or potentially or which hinder in any other way the access of the product to the market. - A measure, which treats imports in a less favourable way than domestic products, which hinders intra-union trade direct actually or potentially or which hinder in any other way the access of the product to the market. - A measure, which treats imports in a stricter way than domestic products, which hinders intra-union trade directly or inc potentially or which include non-discriminatory sales modalities. - A measure, which treats imports in a different way than domestic products, which hinders intra-union trade directly or potentially or which enables in any other way the access of the product to the market. 39. What function does the TEU have? - Legal and political functions alike; however it provides, that member states can be excluded for breach of fundamental principle - Predominantly legal functions; however it provides, that member states right to vote can be suspended for breach of fundame - Predominantly political functions; however it provides, that member states can be excluded for reach of fundamental principle - Predominantly political functions; however it provides that member states' right to vote can be suspended for breach of fund principles. 40. What constitutes the qualified majority if the Council acts on a proposal of the Commission? - 72% of the members of the council, representing member states at least 65% of the population of the EU. - 2% of the members of the council, comprising at least fifteen of them and representing member states at lea EU. - 55% of the members of the council, representing member states at least 65% of the population of the EU.  - 55% of the members of the council, comprising at least fifteen of them and representing member states at I EU. Part 2: 1. What elements belong to the 4-criteria-test - Discrimination, mandatory requirement of the public interest, adequate, necessary. - Restriction, mandatory requirement of the public interest, proportional, necessary. - Indistinct Restriction, mandatory requirement of the public interest, adequate, necessary. - Hindrance, mandatory requirement of the public interest, adequate, necessary. 2. In what policy areas is the EU dominant? - Agriculture, defence, housing. - Immigration security policy, social policy. - External trade, foreign policy, culture. - Environment, Internal Market, transport. 3. A Polish lawyer, having her office in Poland, can offer legal advice to a Croatian seller, based in Croatia, just like a Croatian lawyer can. - This is an example of the free movement of goods. - This is an example of the free movement of capital. - This is an example of the free movement of persons. - This is an example of the freedom to provide services. 4. How many official languages has the EU? - 26, including Gaelic and Catalan. - 24 plus English, French and German as procedural languages. - 24, among which English, French and German are procedural languages. - 23, because English ceased to be an official language after Brexit. 5. What does vertical direct effect mean? - A regulation is directly applicable if it gives grounds to a claim in damages against the member state who has breached the provision. - A directive is directly applicable if an individual can rely on this provision in court against the member state. - A regulation is directly applicable when it can be used in court for means of interpretation. - A directive is vertically directly applicable when it is binding to a member state. 6. When did the Treaty of Lisbon take effect? - 2003 - 1999 - 2009 - 1993 7. Who are members of the Council of the European Union? - The governments of the member states are each represented in the council with one delegate; usually the minister or a representative in accordance to the form in which the council meets. - The governments of the member states are each represented in the council with four to 12 delegates depending on the size of their population. - The Commission nominates members of the council in accordance to the population of each Member State, who are then elected by the Parliament. - The Commission nominates a member of the council from each Member State, which is then elected by the Parliament. 8. How did the EU change over the years to reduce the democratic deficit? - In order to reduce the democratic deficit, some power shifted from the Council to the Parliament in the legislative process. - In order to reduce the democratic deficit, the Parliament became the dominant institution in the legislative process to ensure the influence of the European people - In order to reduce the democratic deficit, the Council became the dominant power to ensure the influence of smaller member states. - In order to reduce the democratic deficit, the Commission became the dominant institution in the legislative process by strengthening the Commissions rights of proposal. 9. Belgian law provides that sausages must consist of at least 97% meat. An English producer whose sausages contain only 25% meat is prohibited by the Belgian authorities to import her products into the Belgian market. The national court is asking the ECJ whether the Belgian rule is permissible under EU Law. What will the ECJ decide? - The measure is a discriminating hindrance (first level of the market access test), it can be justified with the mandatory requirement of the public interest of public health and consumer protection. The measure is adequate, because it ensures that sausages contain meat as expected by the consumer. However, it is not necessary, as the information model is less restrictive. - The measure is an indistinct hindrance (second level of the market access test), it can be justified with the mandatory requirement of the public interest of public health and consumer protection. The measure is adequate, because it ensures that sausages contain meat as expected by the consumer. However, it is not necessary, as the information model is less restrictive. - The measure is an indistinct hindrance (second level of the market access test), it can be justified with the mandatory requirement of the public interest of public health and consumer protection. The measure is necessary, because it ensures that sausages contain meat as expected by the consumer. However, it is not adequate, as the information model is less restrictive - The measure hinders the access of the British sausages to the Belgian market (third level of the market access test), it can be justified with the mandatory requirement of the public interest of public health and consumer protection. The measure is necessary, because it ensures that sausages contain meat as expected by the consumer. However, it is not adequate, as the information model is less restrictive. 10. What was held in Überseering? - The proportionality test applies to the freedom of establishment. - The four criteria test applies to the free movement of workers. - The market access test applies to the free movement of services. - The four criteria test applies to the freedom of establishment of companies. 11. What is the voting rule in the Council of the European Union when the Euro is concerned? - Qualified majority - Unanimity - Special qualified majority - Simple majority 12. Assuming a member state has failed to implement a directive which gives the buyer the right to ask for warranties for two years after he has received a defective good from the seller and national law grants him the right only for one year. What are the options of the buyer? - The buyer cannot sue for warranties after the one-year-period because the directive is not directly applicable even after the deadline has expired. Instead, the buyer may sue the member state for damages. - The buyer can sue for warranties because the directive is directly applicable after the deadline has expired. In addition, the buyer can sue the member state for damages because of the failure to implement the directive. - The buyer cannot sue for warranties because the directive is directly applicable when the deadline has expired. For the same reason the buyer has not claim against the member state for damages. - To sue the member state for its failure to implement the directive or to asked for warranties relying on the directive. 13. What does ECSC stand for? - European Community for Steal and Coal - European Council for Steal and Coal - European Steal and Coal Council - European Coal and Steal Community 14. What happened to EFTA? - EFTA and the EU form the EEA. - EFTA is part of EEA. - EFTA dissolved into the EEA. - EFTA is still operating. 15. What was decided in Inspire Art? - Member States may not impose their domestic company law on companies from other Member States. - Member States have to apply the founding seat principle. - Member States may not hinder domestic companies to move their administrative seat to another Member State. - Member States have to apply the company seat principle. 16.Which of the following situations is an example for the democratic deficit of the EU? - European legislation has to be approved by both the Council and the Parliament. - The European Parliament has the right of initiative. - Legislative power is transferred to the Council of Ministers. - The high turnout at European elections.