THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA2024 ZA

LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW

EU law

Friday 1 June 2018: 10.00 – 13.15

Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to

answer the questions.

Candidates must answer FOUR of the following EIGHT questions.

Candidates must answer all parts of a question unless otherwise stated.

Permitted materials
Students are permitted to bring into the examination room the following
specified document: one copy of Core EU Legislation (Palgrave Macmillan).

© University of London 2018

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1. “In Van Gend en Loos, the CJEU laid the foundation not only for its own
doctrines of individual rights and direct effect, but also opened the way
for the creative use of the preliminary ruling procedure to develop EU
law through the ‘vigilance of individuals’.”

Discuss.

2. “The CJEU has once more stated that, in accordance with its settled
case law, a directive cannot of itself impose obligations on an individual
and cannot therefore be relied upon, as such, against an individual.”
(Case C 413/15, Farrell, 2017).

Discuss with reference to the CJEU’s case law on direct effect.

3. Latvia has decided to ban the use of the word “light” or “lite” on the
packaging or name of food products because consumers might be led
to believe that are low in fat.

Another Latvian law prohibits all forms of advertising of food

supplements other than at the point of sale. According to the
government, food supplements serve no purpose that cannot be
achieved through a heathy diet.

The European Commission is assessing whether these two measures

comply with EU law. You are the official in charge of the file. Please write
your report.

4. “Game Silver” is a UK company that sells several computer games on

the EU market. It includes the game ‘Build Your Best Team’, where
players are betting on fictitious football teams and matches. Game Silver
sells these games in a number of countries including Poland. The Polish
authorities fine the company and charge the CEO of the company with
the crime of illegal gambling and incitement of children to gamble. Under
Polish Law 1/2016 (fictitious), gambling is illegal. Game Silver argues
that these are just computer games which have nothing to do with
gambling and the charges levelled against it and its CEO are
disproportionate.

Game Silver seeks your advice as an EU lawyer on the compatibility of

the Polish measures with Article 56 of the TFEU.

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5. “Although the EU Charter has the symbolic value of bringing a wide
range of rights together, its essential function is to secure compliance
with human rights. This cannot be left to the vagaries of the CJEU and
should be achieved through the accession of the EU to the ECHR.”

Discuss.

6. “The Citizens Rights Directive 2004/38 goes a long way towards

harmonizing the treatment of economically active and non-economically
active EU citizens. However, recent judgments of the CJEU in this area
are more important and decisive than ever.”

Discuss.

7. Discuss, by reference to the CJEU case law on free movement of goods

and services, the difference, if any, between a strict proportionality test
and a margin of appreciation test.

8. Karen is a single mother of Danish nationality, who has been living for
the past six months in Berlin (Germany). While looking for a full-time job,
she works on a part-time basis in a travel agency and is financially
supported by her 20-year-old son, Jens. Karen’s latest application for the
post of a receptionist at the information desk of the Pergamon Museum
in Berlin, which belongs to the German State, was unsuccessful. The
Museum justified the rejection on the following grounds:

(a) employment in the German public service is reserved to

German nationals; and

(b) all posts relating to German historical and cultural heritage

can only be occupied by persons with an in-depth
knowledge of the German culture. Karen lacked the
relevant qualifications.

To what extent can Karen rely on the freedom of movement of workers

under EU law and can she challenge the rejection of her job application
by the Pergamon Museum?

END OF PAPER

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