All Quizlet Practice MCQ

1: The European Parliament (EP) was directly elected for the first time:
A) in 1958
B) in 1975
C) in 1979
D) in 1981

1: C
The Summit Conference in Paris on 9-10 December 1974 decided that direct elections 'should
take place in or after 1978'.
The first elections by direct universal suffrage took place between 7 and 10 June 1979.
Prior to this date, the National Parliaments delegated national deputies. All Members thus had
a dual mandate.

2
The first European Parliament elected by direct universal suffrage brought together Members
from ... Member States.
A) 6
B) 9
C) 10
D) 12

2: B

Denmark, Ireland and the United Kingdom joined the European Communities on 1 January
1973 (first enlargement).

3
MEPs are appointed by the European Commission, in consultation with the Council of the
EU.

A) True
B) False

3: B
Art 14 (2) TEU
"The members of the European Parliament shall be elected for a term of five years by direct
universal suffrage in a free and secret ballot."

4
Which Treaty inserted a provision into the EC Treaty stating that EP elections must be held in
accordance with a uniform procedure in all Member States?
A) Single European Act (SEA)
B) Brussels Treaty
C) Maastricht treaty
D) Amsterdam Treaty

4: C
In 1992, the Maastricht Treaty inserted a provision into the EC Treaty stating that elections
must be held in accordance with a uniform procedure in all Member States.

However, the Council was unable to agree on a uniform procedure, in spite of the various
proposals presented by Parliament.

To resolve this deadlock, the Treaty of Amsterdam introduced into the EC Treaty the
possibility, failing a uniform procedure, of 'common principles'.

On this basis it was possible to modify the 1976 act by a Council Decision introducing the
principles of proportional representation and incompatibility between national and European
mandates.

See now Art 223 (1) TFEU

5
When will the next election of the European Parliament be held?
A) in 2017
B) in 2018
C) in 2019
D) to be decided by the European Parliament by simple majority

5: C

Next election EP: June 2019

Article 14 (3) TEU
Art 223 TFEU

6
The seats of the Union Institutions and their subsidiary bodies are fixed by...
A. the governments of the Member States, by common agreement
B. the Council, acting by qualified majority
C. the Council, on a proposal from the Commission
D. the Council, after seeking an opinion from the European Parliament
6: A
Article 341 TFEU (ex Article 289 TEC)
" The seat of the institutions of the Union shall be determined by common accord of the
governments of the Member States. ".

The Treaty of Amsterdam enshrined the arrangements in a Protocol annexed to the Treaties,
which means hat they can only be changed by means of the procedure for mending the
Treaties.

It is now Protocol No 6 on the location of the institutions and of certain bodies, offices,
agencies and departments of the European Union.

7
Where is the European Parliament's official seat located ?
A. Strasbourg
B. Brussels
C. Luxembourg
D. Bonn

7: A
Protocol No 6 on the location of the institutions and of certain bodies, offices, agencies and
departments of the European Union

8
Plenary sessions of the European Parliament (EP) are held in:
A. Strasbourg and Brussels
B. Luxembourg and Strasbourg
C. Brussels
D. Luxembourg and Brussels

8: A
Protocol No 6 on the location of the seats of the institutions and of certain bodies, offices,
agencies and departments of the European Union
12 periods of monthly plenary sessions, including the budget session, in Strasbourg
Additional plenary sessions in Brussels

9
Who is the current President of the European Parliament?
A. Jerzy Buzek
B. Nicole Fontaine
C. Hans-Gert Pöttering
D. Martin Schultz

9: D
Art 14 (4) TEU
Since 2012: Martin Schultz
www.ep-president.eu

10
Which Treaty empowered the European Parliament to approve or reject the nomination of the
Commission President ?
Single European Act
Maastricht treaty
Amsterdam treaty
Treaty of Nice

10: C
The Amsterdam Treaty (1997) required Parliament's specific approval for the appointment of
the Commission President, prior to that of the other Members.
Now Art 17 (7) TEU states that the European Council proposes to the European Parliament a
candidate for President of the Commission.
Finally on the basis of a vote of consent of the EP on the Commission as a body, the
Commission is appointed by the European Council.

11
The term of office of the EP's President, Vice-Presidents and Quaestors is ...
A) One year
B) One and a half years with possible extension
C) Two and a half years
D) Five years

11: C

The term of office of the President, Vice-Presidents and Quaestors is two and a half years.
See EP Rules of Procedure

12
Whom does the Bureau of the European Parliament comprise?
President and 14 Vice-Presidents
President, the 14 Vice-Presidents and Quaestors
President, the 14 Vice-Presidents, the Quaestors and political group chairmen
President and Political group chairmen
12: A
The Bureau comprises the President and 14 Vice-Presidents.
The five Quaestors are members of the Bureau in an advisory capacity.
See EP Rules of Procedure

13
Which of the following statements about the European Parliament is true?
MEPs sit in the European Parliament according to the number of votes polled in the national
elections
MEPs sit in the European Parliament according to their political grouping
MEPs sit in the European Parliament according to their length of service
MEPs sit in the European Parliament according to their nationality
MEPs sit wherever they choose in the European Parliament

13: B

According to the EP Rules of Procedure the minimum number of Members required to form a
political group is 25 MEPs elected in at least one-quarter of the Member States (= at least 7
MS).

14
Which political group is the fourth largest in the European Parliament?
Confederal Group of the European United Left - Nordic Green Left (GUE/NGL)
Group of the Greens/European Free Alliance (Greens/ALE)
Group of the European People's Party (PPE-DE)
Group of the Alliance of Liberals and Democrats for Europe (ALDE)

14: D
The largest political group is the European People's Party (Christian Democrats), followed by
the Progressive Alliance of Socialists and Democrats (S&D) and the European Conservatives
and Reformist Group (ECR).

The fourth largest group is since the elections of 2014 the Alliance of Liberals and Democrats
for Europe (ALDE).

15
The status of political parties at European level...
A. is provided for by Article 224 of the Treaty on the Functioning of the EU (TFEU)
B. is annexed to the Amsterdam Treaty
C. will be set by the Council as soon as the Union has 28 members
D. is laid down by the European Parliament.
15: A
Art 224 TFEU:
" The European Parliament and the Council, acting in accordance with the ordinary
legislative procedure, by means of regulations, shall lay down the regulations governing
political parties at European level referred to in Article 10(4) of the Treaty on European
Union and in particular the rules regarding their funding. "

Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4

November 2003 on the regulations governing political parties at European level and the rules
regarding their funding

16
The Commission on Petitions is...
A. a Commission established by the Amsterdam Treaty
B. a specialised Commission of the European Parliament
C. managed by the European Ombudsman
D. a Commission within the scope of the Maastricht Treaty.

16: B
Art 24 TFEU: Every citizen of the Union shall have the right to petition the European
Parliament in accordance with Art 227 TFEU.

17
The European Parliament (EP)
A. appoints the Ombudsman after seeking an opinion from the Council of the Union
B. defines its internal procedures on a proposal from the Council
C. can establish a temporary inquiry Committee
D. can only ask the Commission questions

17: C
Article 226 TFEU: the EP may, at the request of a quarter of its component members, set up a
temporary Committee of Inquiry.

18
The European Parliament cannot legally require the Commission, as a collective body, to
resign.

True
False
18: B
The EP has the authority to require the Commission to resign en bloc by a motion of censure
Art 17 (8) TEU and Art 234 TFEU

19
Which of the following statements is false?
Parliament has several powers of control
Every citizen of the EU residing in a Member state of which he/she is not a national has the
right to vote in elections to the European Parliament in the Member State in which he/she
resides
A motion of censure against the Commission requires a two-thirds majority of Parliament's
members present for the vote
Parliament finally adopts the budget of the EU and monitors jurisprudence

19: C
Art 17 (8) TEU and Article 234 TFEU

20
Which Treaty grants Parliament the right to bring actions before the Court of Justice, under
the same conditions as the other institutions?
Treaty of Rome
Maastricht Treaty
Amsterdam Treaty
Treaty of Nice

20: D
The Treaty of Nice amended Article 230 EC (now art 263 TFEU) concerning judicial review
of acts of Union institutions: the Parliament doesn't have to demonstrate anymore a specific
concern to protect its prerogatives and therefore is able to institute proceedings in the same
way as the Council, the Commission and the Member States.

21

Which Institution gives a discharge on the budget's implementation?

A. the European Parliament
B. the Court of Auditors
C. the Council
D. the Commission

21: A
Art 319 TFEU
http://ec.europa.eu/budget/sound_fin_mgt/discharge_en.htm

22
The European Parliament has no power ...
Of the purse
To legislate
To supervise the executive
To define the principles of the common foreign and security policy (CFSP) of the EU

22: D
Article 36 TEU
" The High Representative of the Union for Foreign Affairs and Security Policy shall
regularly consult the European Parliament on the main aspects and the basic choices of the
common foreign and security policy and the common security and defence policy and inform
it of how those policies evolve. He shall ensure that the views of the European Parliament are
duly taken into consideration. Special representatives may be involved in briefing the
European Parliament. "

AD

23
Which case dealt with the European Parliament's right of consultation?
Van Eycke case
Isoglucose case
Foto-Frost case
Colson case

23: B
In the 'Isoglucose' judgement of 29 October 1980 (Case 138/79, Roquette Frères v Council),
the Court declared a Council regulation invalid because it was in breach of its obligation to
consult Parliament.
This is an essential procedural requirement under which an action may be brought before the
Court under Art 263 TFEU.

1
Europe Day (May 9) commemorates:

A. the signing of the ECSC Treaty

B. the signing of the Treaty of Rome
C. the Robert Schuman Declaration
D. the Jean Monnet Declaration
1: C
On the 9th of May 1950, the French foreign minister Robert Schuman presented his proposal
on the creation of an organized Europe, indispensable to the maintenance of peaceful
relations.
This proposal, known as the "Schuman declaration", is considered to be the beginning of the
creation of what is now the European Union.
The plan involved the integration of the coal and steel industries = functionalist approach
(sector by sector)

See Declaration 52 annexed to the final act of the IGC which adopted the Treaty of Lisbon

2
The speech of Robert Schuman, made on May 9, 1950 in the Salon de l'Horloge of the
Ministry for Foreign Affairs in Paris was directly inspired by:

General de Gaulle
Winston Churchill
Jean Monnet
Simone Veil

2: C
Jean Monnet was a French civil servant and responsible for French economic planning.

3
Jean Monnet was ...

A. President of the Commission of the European Communities

B. President of the European Parliament
C. President of the ECSC High Authority
D. none of the above

3: C

Jean Monnet was born in 1888 and inspired the Schuman Declaration.

In 1952 Jean Monnet is appointed as the first President of the ECSC High Authority and
Paul-Henri Spaak of the Common Assembly.

4
The Treaty of Paris (ECSC)...
A. expired in 2002
B. was signed for an indefinite period
C. is completely integrated in the Treaty establishing the European Union
D. has been extended for ten years

4: A
The Treaty establishing the European Coal and Steel Community (ECSC), which was signed
on 18 April 1951 in Paris, entered into force on 23 July 1952 and expired on 23 July 2002.

See Protocol No 37 on the financial consequences of the expiry of the ECSC Treaty and on
the Research Fund for coal and steel

5
What was the so-called Pléven plan about?

A. The Coal and Steel Community

B. Military cooperation with NATO
C. Enhanced cooperation between Germany and France
D. Establishing a European Defence Community

5: D
René Pléven was a French politician, twice premier of the Fourth Republic (1950-51, 1951-
52).
He is best known for his sponsorship of the Pléven Plan for establishing a European Defence
Community (EDC) with a unified European army and a political Community (EPC).
His plans were shelved following the French National Assembly's refusal to ratify the treaty
on 30 August 1954.

6
The conference of Messina had as aim:

to find a successor for Jean Monnet, president of High authority ECSC

to overcome the failure of the European Defence Community (EDC)
to open the negotiations for the Treaties of Rome
to create the Council of Europe

6: B + C
The conference of Messina (in June 1955) had as aim to overcome the failure of the European
Defence Community (EDC) and to open the negotiations for the Treaties of Rome

7
What was decided at the Messina Conference?
Creation of a customs union
A wider Mediterranean cooperation
Fisheries agreements with North African countries
Defence cooperation between the Member States

7: A
Efforts to get the process of European integration under way again following the failure of
the EDC took the form of specific proposals at the Messina Conference (in June 1955) on a
customs union and atomic energy.
They culminated on 25 March 1957 in the signing of the Treaties of Rome, i.e. the EEC
Treaty and EAEC Treaty, known as the 'Euratom' Treaty.

8
What was the Merger treaty of 1965?

A Treaty that provided for a single Commission and a single Council

A Treaty on company mergers and acquisitions in the Internal Market
A Treaty on merging the Euratom and the Council
A Treaty that provided for the creation of Trans-European companies

8: A
The founding Treaties have been amended on several occasions, in particular when new
Member States joined the Community.

There have also been more far-reaching reforms bringing major institutional changes and
introducing new areas of responsibility for the European institutions, the first of which - the
Merger Treaty, signed in Brussels on 8 April 1965 and in force from 1 July 1967 - provided
for a Single Commission and a Single Council of the then three European Communities
(ECSC, EEC, EAEC).

9
The transitional period for completion of a common market ended, as far as the customs
union for industrial products was concerned, more quickly than expected on:

1 January 1966
1 July 1968
31 December 1968
31 December 1969
9: B
The transitional period for enlarging quotas and phasing out internal customs ended as 1 July
1968.
By the same date Europe had adopted a common external tariff (CET) or common customs
tariff (CCT) for trade with third countries.
Nevertheless the Community did not succeed in achieving the common market in all its
component parts before the end of the transitional period (December 31, 1969).
The Single European Act committed the Union to progressively establish the internal market
over a period expiring on 31 December 1992.

10
What was the Fouchet plan about?

Creating a customs union by 1979

Proposal for a more intergovernmental political community
Military and police cooperation between Benelux countries and France
Strategic partnership with North African countries

10: B
At the 1961 Bonn Summit the Heads of State or Government of the six founding Member
States of the European Community asked an intergovernmental committee, chaired by the
French ambassador Christian Fouchet, to put forward proposals on the political status of a
union of European peoples.

11
The Luxembourg Compromise of the 28th January, 1966 refers to...

A. the Council decision process

B. the seats of the Community Institutions
C. the position on political co-operation in the European Union.
D. to the conditions imposed on applicant countries for accession.

11: A
Following France's opposition to a Commission project on the EAGGF's future financing, the
French representative was called back to Paris, thus creating the 'empty chair crisis'.
The Luxembourg Compromise, signed during the Council of 28-30 January 1966, stated that
the majority vote procedure will be replaced by unanimous vote, when a MS considers that
"very important concerns" are at stake.

PS The European Agricultural Guidance and Guarantee Fund (EAGGF) was replaced by the
European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for
Rural Development (EAFRD) on 1 January 2007.
See Art 40 (3) TFEU

12
The ECU and ERM were the two main components of the .... launched in ...

Euro, 1999
ECU, 1981
European Monetary System, 1979
European Currency Account, 1986

12: C
To solve the problem of monetary instability and its adverse effects on the CAP and cohesion
between Member States, the Bremen and Brussels European Councils in 1978 set up the
European Monetary System (EMS).
Established on a voluntary and differentiated basis (the UK decided not to participate in the
exchange-rate mechanism, ERM), the EMS depended on the existence of a common
accounting unit, the ECU.

13
What was the name of the solemn declaration that called in 1983 for the creation of the
European Union?

Stuttgart Declaration
Dublin Statement
Bruges Speech
Maastricht Declaration

13: A
At the London European Council in 1981 the foreign ministers of Germany and Italy, Mr
Genscher and Mr Colombo, put forward a proposal for a 'European Act' covering a range of
subjects: political cooperation, culture, fundamental rights, harmonisation of the law outside
the fields covered by the Community Treaties, and ways of dealing with violence, terrorism
and crime.
It was not adopted in its original form, but some parts of it resurfaced in the 'Solemn
declaration on European union' adopted in Stuttgart on 19 June 1983. This text forms an
important part of the backcloth to the Single European Act (SEA).

14
Who was Altiero Spinelli?
A. First President of the High Authority
B. European federalist and Member of the European Commission
C. Euro-sceptic Italian Prime Minister
D. Secretary General of NATO

14: B
Born in Rome, Altiero Spinelli was a lifelong advocate of European federalism.
ln 1970 he became a member of the European Commission, with responsibility for industrial
policy.
He resigned in 1976 and in 1979 he was elected to the European Parliament as an
Independent of the Left.
On 14 February 1984, the European Parliament adopted his report and approved the Draft
Treaty Establishing the European Union

15
The Single European Act (SEA) of 1986 is:

A. a political act certifying the unification of Germany

B. an act amending the Community Treaties
C. a customs agreement
D. a treaty between the European Union and EFTA countries

15: B
The Single European Act (SEA) was signed in Luxembourg and the Hague, and entered into
force on 1 July 1987, provided for the adaptations required for the achievement of the
Internal Market by 31 December 1992.

16
<Social dialogue> was written into the EC Treaty by...
A. the Single European Act (SEA)
C. the Maastricht Treaty
C. the Amsterdam Treaty
D. a 1995 Council Decision.

16: A
The Single European Act (SEA) officially opened the way to conventional negotiations
between "management and labour" at the Community level.
The Maastricht Treaty reinforced the role of social dialogue by the Protocol and Agreement
on Social Policy, originally concluded without the UK.
It was integrated into the EC Treaty by the Amsterdam Treaty and, consequently, ended the
"opting-out" of the UK.
The Lisbon Treaty renumbered the articles (Art. 151 - 160 TFEU).

17
Which of the following Treaties introduced the cooperation procedure?
Treaty of Rome
Single European Act (SEA)
Maastricht Treaty
Amsterdam Treaty

17: B
The SEA introduced a procedure for cooperation with the Council which gives Parliament
real, if limited, legislative powers. It applied to about a dozen legal bases at the time and
marked a crucial point in the transformation of the EP as co-legislator, on an equal footing
with the Council.

The cooperation procedure was abolished by the Treaty of Lisbon.

18
The assent procedure was introduced by the ...

Single European Act (SEA)

Maastricht Treaty
Amsterdam Treaty
Brussels Treaty

18: A
The EP's powers were strengthened by the ESA making Community agreements on
enlargement and association agreements subject to Parliament's assent.
The Treaty of Lisbon speaks about consent, e.g. for adoption of acts under the flexibility
clause (Art. 352 TFEU).

19
The Amsterdam Treaty did not extend co-decision to ....
Environment protection measures
Implementation of the European Regional Development Fund (ERDF)
Vocational training measures
Competition policy

19: D
According to article 103 TFEU the implementing rules on competition applying to
undertakings shall be laid down by the Council, on a proposal from the Commission and after
consulting the European Parliament.
See: Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the
rules on competition laid down in Articles 81 and 82 of the Treaty (now 101 and 102 TFEU)

20
In which year was the Maastricht Treaty agreed upon, in which year was it signed and in
which year did it become into force?

1990, 1991, 1992

1990, 1992, 1993
1991, 1992, 1993
1991, 1993, 1994

20: C

The Treaty on European Union was negotiated at Maastricht and signed on 7 February 1992.
It came into force on 1 November 1993 once it had been ratified by the 12 Member States.

21
The TEU created a European Union (EU). Of what did the former 'three pillars' comprise?

EEC; (ii) EC; and (iii) Common Foreign and Security Policy (CFSP)
(i) The European Communities; (ii) Common Foreign and Security Policy (CFSP); and (iii)
Cooperation in Justice and Home Affairs (JHA)
(i) ECSC; (ii) EEC; and (iii) Euratom
(i) EC; (ii) Common Foreign and Security Policy (CFSP); and (iii) Cooperation in Justice and
Home Affairs (JHA)
(i) The European Communities; (ii) EC; and (iii) Common Foreign and Security Policy
(CFSP)

21: B
Three Pillars
The European Communities;
Common Foreign and Security Policy (CFSP);
Cooperation in Justice and Home Affairs (JHA)

22
Which body was not established by the Maastricht Treaty?

A. Europol
B. the Committee of the Regions
C. the Court of Auditors
D. the European Central Bank.

22: C
The Court of Auditors (ECA) was created by the Brussels Treaty of 22 July 1975 (= second
Treaty on Budgetary provisions) and it was institutionalized by the Maastricht Treaty.
See Arts 285 to 287 TFEU

23
The Maastricht Treaty on European Union entered into force:

A. on February 7, 1992
B. on November 1, 1993
C. on January 1, 1995
D. on January 1, 1998

23: B
The Treaty on European Union, which was signed in Maastricht on 7 February 1992, entered
into force on 1 November 1993.
The Maastricht Treaty changed the name of the European Economic Community to simply
"the European Community".
By adding inter-governmental co-operation (CFSP and JHA) to the existing "Community"
system, the Maastricht Treaty created a new structure with three "pillars" which is political as
well economic.
This is the European Union (EU).

24
The second pillar, as defined by the Treaty of Maastricht concerned...

A. social policy
B. common foreign and security policy (CFSP)
C. Justice and home affairs (JHA)
D. internal market

24: B
The principle of a common foreign and security policy (CFSP) was formalised as the so-
called second pillar in the Maastricht Treaty of 1992.
EU countries have always recognised the need to act together in foreign policy and defence
matters. But this has proved hard to achieve. A timid start was made in 1970 through a
process called European Political Cooperation (EPC), whereby EU countries tried to
coordinate their positions on foreign policy issues within the United Nations and other
international bodies.
But on particularly sensitive issues, or where individual EU countries had special interests, no
single voice could be found because decisions had to be unanimous.

25
On which date were Euro bank notes and coins put into circulation?

A. 1 January 2001
B. 1 January 2002
C. 31 December 2002
D. 1 January 2003

25: B
The introduction of a single currency (the third phase of the process establishing European
Monetary Union, provided for by the Maastricht Treaty) dates from 1 January 1999 but it was
only on 1 January 2002 that Euro notes were introduced in 12 Member States.

26
The Euro became legal tender on 1 January .....

26
The Euro became legal tender on 1 January 2002.

27
The Euro became legal tender on 1 January 2007 in ....
This is the first of the ten countries which joined the EU on 1 May 2004 to adopt the Euro.

27
The Euro became legal tender on 1 January 2007 in Slovenia.
On 1 January 2008 in Cyprus and Malta
On 1 January 2009 in Slovakia
On 1 January 2011 in Estonia
On 1 January 2014 in Latvia
On 1 January 2015 in Lithuania

28
The Stability and Growth Pact (SGP)...

A. was adopted at the European Council of Madrid in 1996

B. is provided for by the Amsterdam Treaty
C. provides for strict budgetary constraints for countries in the Euro zone
D. concerns only applicant countries for accession.
28: C
The Stability and Growth Pact (SGP) was adopted by the European Council of Dublin in
December 1996 on a proposal from Germany.

29
How did the Treaty of Amsterdam (ToA) amend the former 'three pillars' of the EU?

Part of the second pillar (CFSP) was incorporated into the third pillar (JHA), and the second
pillar was renamed EU Armed Forces
Part of the third pillar (JHA) was incorporated into the second pillar (CFSP), and the third
pillar was renamed Police and Judicial Cooperation in Criminal Matters
The second and third pillars were incorporated into the first pillar, and the first pillar was
renamed European Union
Part of the second pillar (CFSP) was incorporated into the first pillar (ECs), and the second
pillar was renamed EU Armed Forces
Part of the third pillar (JHA) was incorporated into the first pillar (ECs), and the third pillar
was renamed Police and Judicial Cooperation in Criminal Matters

29: E
Part of the third pillar (JHA) was incorporated into the first pillar (ECs), and the third pillar
was renamed Police and Judicial Cooperation in Criminal Matters (PJCC).

AD

30
Which Treaty included the justiciability of fundamental rights and employment for the first
time?

Amsterdam Treaty
Maastricht Treaty
Treaty of Rome
Single European Act

30: A
The Treaty of Amsterdam inserted a new title on employment in the EC-Treaty.
The Treaty of Maastricht provided that the Union would respect fundamental rights but only
since the Treaty of Amsterdam they became justiciable by the Court of Justice. So the Court
could therefore explicitly take the rights of the European Convention on Human Rights and
Fundamental Freedoms into account when interpreting and applying EU law.

31
Which of the following is not considered an "Amsterdam leftover"?
Weighting of votes in the Council
Size and composition of the Commission
Extension of qualified majority voting
Number of European Parliament Members

31: D
A number of institutional issues had been addressed by the Intergovernmental Conferences of
Maastricht and Amsterdam but not satisfactorily resolved (unfinished business referred to as
the 'Amsterdam leftovers'):
the size and composition of the Commission,
weighting of votes in the Council,
extension of qualified majority voting.

32
The Lisbon strategy concerned:

A. the reduction of drug consumption in the EU

B. the strengthening of police co-operation between Member States
C. the strengthening of co-operation in the Euro zone
D. the initiative to turn the EU into the world's most dynamic and competitive economy

32: D
The Lisbon Strategy, also known as the Lisbon Agenda or Lisbon Process, was an action and
development plan for the European Union between 2000 and 2010.
Its aim was to make the EU "the most competitive and dynamic knowledge-based economy
in the world capable of sustainable economic growth with more and better jobs and greater
social cohesion", by 2010.

It was set out by the European Council in Lisbon in March 2000 and by 2010 most of its
goals were not achieved.
It should not to be confounded with the Lisbon Treaty.
The Lisbon Strategy is followed by the EU 2020 Strategy for smart, sustainable and inclusive
growth.

33
When was the Treaty of Nice signed and when did it enter into force?

11 December 2000 / 1 October 2002

26 February 2001 / 1 February 2003
18 March 2002 / 1 May 2003
25 June 2001 / 10 April 2002

33: B
The EU at a glance
http://europa.eu/abc/treaties/index_en.htm
Summaries of EU legislation
http://europa.eu/legislation_summaries/institutional_affairs/treaties/nice_treaty/nice_treaty_in
troduction_en.htm

34
The major objectives of the Treaty of Nice are:

to finish the introduction of the euro

to allow the enlargement of the Union to Austria, Finland, Norway and Sweden
to affirm a European identity of common defence within NATO
to reform the institutions of the Union for its enlargement

34: D
The Treaty of Nice sought to make the Community institutions more efficient and legitimate
and to prepare the EU for its major enlargement to include countries from Eastern Europe.
On the agenda for the IGC opened on 14 February 2000 were the 'Amsterdam leftovers' plus
all the changes required in preparation for enlargement.

35
The Bolkestein Directive, adopted in 2006, concerns...

A. monetary policy
B. free movement of goods
C. free provision of services
D. public health

35: C
The project of the directive on services in the internal market, named after the European
Commissioner responsible for the internal market in 2004, Mr. F. Bolkestein, aimed to
achieve a real internal market of services by eliminating all the legal and administrative
obstacles to the development of service activities between MS.

The proposal, after the 2004 original draft had been substantially amended, was adopted as
the Directive 2006/123/EC.

36
36

37
When and where was it decided to establish a Convention to prepare a European
Constitutional Treaty?

2000, Brussels
2000, Rome
2001, Laeken
2002, Paris

37: C

In accordance with Declaration No 23 of 11 December 2000 annexed to the Treaty of Nice,

the Laeken European Council decided to organise a Convention bringing together the main
parties concerned for a debate on the future of the European Union.

38
The EU Constitutional Treaty did not come into force because France and Portugal rejected it
in national referenda.

True
False

38: B
The EU Constitutional Treaty did not come into force because it was rejected by France and
the Netherlands in national referenda.

1
The first enlargement of the European Communities took place in ...

a) 1969
b) 1910
c) 1973
d) 1978

1: C
On 1 January 1973 the UK, Ireland and Denmark became members of the European
Communities.
The UK government applied already in 1961 and 1967 but these attempts were vetoed by the
French.
The third application of the Heath government in 1970 was successful.
Norway participated in the negotiations but did not join because of an adverse referendum.

2
At the time of the Community's creation, how many official languages were there?

a) 4
b) 6
c) 7
d) 8

2: A
At the time of the Community's creation, there were four official languages (German, French,
Dutch and Italian).

Today there are 24 official languages (Article 55 (1) TEU) and three different alphabets:
Latin, Greek and Cyrillic.

3
In 1984 the European Economic Community (EEC) was made up of:

a) 7 countries
b) 8 countries
c) 9 countries
d) 10 countries

3: D
Greece became a member on 1 January 1981.
So in 1984 the EEC had ten Member States (MS).
Portugal and Spain became members on 1 January 1986.

4
Which country was the 10th to join the European Communities?

Spain
Portugal
Greece
Denmark

4: C
First association agreement
http://www.ena.lu?lang=2&doc=7398
Treaty of accession
http://www.ena.lu?lang=2&doc=9637
http://www.ena.lu?lang=2&doc=715
Accession of Greece, Portugal, Spain
http://www.ena.lu?lang=2&doc=10688

5
The year of the signature of the Single European Act (SEA) corresponds with that of:

the entry of the United Kingdom, of Denmark, and Ireland in the Communities
the entry of Spain, Greece and Portugal in the Communities
the entry of Spain and Portugal in the Communities
the negotiations of accession with Austria, Finland, Sweden and Norway

5: C
On 17 February 1986 nine Member States signed the SEA, followed later by Denmark, Italy
and Greece, on 28 February 1986.
The SEA came into force on 1 July 1987.

6
Which country applied in 2004 to join the European Union?

a) Croatia
b) Turkey
c) Bulgaria
d) the Former Yugoslav Republic of Macedonia.

6: D
On 22 March 2004, the Former Yugoslav Republic of Macedonia (FYRM) applied to the
President of the Council for accession to the EU.
The Council granted this country the status of accession candidate on 16 December 2005
without, however, opening negotiation procedures.

7
Which country has not received a favourable opinion for accession?

a) Iceland
b) Croatia
c) Morocco
d) Norway
7: C
Morocco introduced a request for accession on 8 July 1987, but was refused in October by
the Council due to the fact that it is not considered a European State.
However, the Commission signed an association agreement (Art 217 TFEU) with Morocco. It
entered into force in 2000.

8
The Copenhagen Criteria define...

a) the conditions for belonging to the Euro zone

b) the conditions for belonging to the European Union
c) the conditions for belonging to NATO
d) cooperation in legal and internal affairs matters.

8: B
The European Council of Copenhagen adopted in June 1993 three criteria for accession:
political, economic and legal
Reference to them is made in article 49 TUE: "the criteria of eligibility approved by the
European Council are taken into account."

9
Which one of the following conditions were not among the Copenhagen criteria?

Stability of institutions and respect for and protection of minorities

Existence of a functioning market economy and the ability to cope with competitive pressure
and market forces within the Union
Ability to take on the obligations of membership
Acceptance of the acquis communautaire without derogations

9: D
Glossary accession
http://ec.europa.eu/enlargement/glossary/terms/accession-criteria_en.htm

10
Greenland...

a) is a European Union member, being a province of Denmark.

b) Left the European Union in 1985
c) is a member of the European Free Trade Association (EFTA)
d) is entirely subject to the provisions of the Treaty of the European Union.
10: B
Following a referendum on 23 February 1982 Greenland left the Community on the 1.2.1985.
It had joined the Community in 1972 as a Danish territory and became associated with it as
an overseas territory (Art 204 TFEU).

11
The ratification instruments of the Accession Treaties are deposited with:

a) the government of the Netherlands

b) the government of the Italian Republic
c) the headquarters of the European Council
d) the twenty-seven signatory governments.

11: B
The original copies of the European Treaties, including the ratification instruments, are
deposited in the archives of the Italian Republic's government (Art 54 TEU, art 357 TFEU).
There is one exception: the ECSC Treaty is deposited in Paris.

12

12

13
The European Economic Area (EEA)...

a) was created by a 1994 Convention

b) is composed of 31 European countries
c) regroups the Member States of the European Union and EFTA (European Free Trade
Agreement)
d) is integrated in the Amsterdam Treaty

13: B
The Agreement creating the European Economic Area (EEA) was concluded under Art 217
TFEU and entered into force on 1 January 1994.
It creates a free-trade area (not a customs union) between the Union and three EFTA States
(Norway, Iceland and Liechtenstein) and allows them to participate in the Internal Market on
the basis of their application of Internal Market relevant acquis.
The major part of the relevant Union legislative acquis is dynamically incorporated into the
Agreement and thus applies throughout the EEA, ensuring the homogeneity of the internal
market.
14
The European Economic Area (EEA) comprises the 28 Member States of the EU, together
with Iceland, Liechtenstein and ....

14
The European Economic Area (EEA) comprises the 28 Member States of the EU, together
with Iceland, Liechtenstein and Norway.

15
On what date did the EEA come into existence?

1 January 2007
1 January 1994
1 May 2004
1 July 1987
1 May 1999

15: B
The EEA came into existence on 1 January 1994.

16
Which of the following countries does not have candidate status?

Former Yugoslav Republic of Macedonia (FYRM)

Serbia
Turkey
Norway

16: D
Enlargement
http://ec.europa.eu/enlargement/index_en.htm

17
The provisions of the Treaties (TEU and TFEU) are not applicable to...

a) the Canary islands

b) the Faroe Islands
c) Madeira
d) French overseas departments

17: B
Article 355 TFEU
1
Human rights inside the European Union...

A. are not the a competence of the European Union

B. are solely administered by the European Convention of Human Rights and Fundamental
Freedoms signed in Rome on the 4th November,1950
C. were written into the Treaty on European Union (Treaty of Maastricht)
D. are included in Article 44 of the TFEU

1: C
Until the Treaty on European Union came into force in 1993, there were no specific
provisions for the protection of human rights as such in the Treaties.
Article 6 (3) TEU:
" Fundamental rights, as guaranteed by the European Convention for the Protection of
Human Rights and Fundamental Freedoms and as they result from the constitutional
traditions common to the Member States, shall constitute general principles of the Union's
law. "

2
Fundamental rights ...

were integrated in the Treaties of Rome

were the subject of a charter declared by the Nice European Council on 7 December 2000
C. are incorporated in Chapter II of the Lisbon Treaty
D. have been under the sole jurisdiction of the Court of Justice since 2006.

2: B

The Charter of Fundamental Rights was declared at the Nice European Council on 7
December 2000 and was amended on 12 December 2007 and given legal recognition by the
Treaty of Lisbon (Article 6(1) TEU)

3
The European Union Agency for Fundamental Rights (FRA) has its seat in:

A. Vienna
B. Amsterdam
C. Alicante
D. Thessaloniki
3: A
The goal of the European Union Agency for Fundamental Rights (FRA) is to provide the EU
institutions and the Member States with assistance and expertise in the field of fundamental
rights.

http://ec.europa.eu/justice_home/fsj/rights/fsj_rights_agency_en.htm

4
The <Suspension Clause> at European Union level...

A. is only used in the framework of the WTO

B. provides for the suspension of voting rights within the Council in the case of serious and
persistent violation of democratic principles by a Member State
C. concerns the budgetary procedure of the Union
D. is a preventive measure, decided by qualified majority by the Council.

4: B
Art 7 TEU establishes
Both a prevention mechanism (Council determines a clear risk of a serious breach of Union
values)
And a sanction mechanism (European Council determines the existence of a serious and
permanent breach of Union values)
Art 354 TFEU

5
The European Court of Human Rights (ECHR) is based in...

A. The Hague
B. Karlsruhe
C. Strasbourg
D. Luxembourg

5: C
http://www.echr.coe.int

The European Convention on Human Rights was drafted in 1950 under the auspices of the
Council of Europe.
Not to be confounded with the European Council.

6
If a fundamental right is found to be breached, the Court of Justice declares the act concerned
to be void, with .... and .... effect.

Immediate, universal
Retroactive, universal
Retroactive, direct
Immediate, retrospective

6: B
Art 264 TFEU
"If the action is well founded, the Court of Justice of the European Union shall declare the act
concerned to be void.
However, the Court shall, if it considers this necessary, state which of the effects of the act
which it has declared void shall be considered as definitive. "

7
The Charter of Fundamental Rights aims only to protect the fundamental rights of individuals
with regard to action undertaken by the EU institutions and by the Member States in
application of the EU Treaties

True
False

7: A
Article 51 (1) of the Charter of Fundamental Rights of the European Union: " The provisions
of this Charter are addressed to the institutions, bodies, Union law offices and agencies of the
Union with due regard for the principle of subsidiarity and to the Member States only when
they are implementing Union law. "

8
Most rights of the Charter of Fundamental Rights are conferred on
All people
All European citizens
All workers
All economic agents

8: A
Under the principle of universality, most of the rights listed in the Charter of Fundamental
Rights are conferred on all people, regardless of their nationality or place of residence.

9
The Community Charter of the Fundamental Social Rights of Workers was adopted on 9
December 1989 at the Strasbourg summit by the Heads of State or Government of
Six Member States
Nine Member States
Eleven Member States
Fifteen Member States

9: C
The Community Charter of the Fundamental Social Rights of Workers was adopted on 9
December 1989 by a political declaration of all 11 Member States, with the exception of the
UK.
Since 1985, increasing concern had been expressed at all levels at the social consequences of
the creation of the Single Market, and there was a perceived need for the formulation and
implementation of a comprehensive social dimension for the 1992 programme.
The UK eventually acceded to the Charter, following the election of a new government in
May 1997.
Due to the reference in article 151 TFEU the Charter may be used by the Court of Justice as
an interpretative guide..

10
Protocol No 30 on the application of the Charter of Fundamental Rights lays down
derogations for
The United Kingdom and Poland
The United Kingdom and Denmark
The United Kingdom and Ireland
The United Kingdom

10: A
PROTOCOL (No 30) ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL
RIGHTS OF THE EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOM

1
After the failure of the ratification procedure for the Treaty establishing a Constitution for
Europe, the reform effort was revived in 2007 by

The Berlin Declaration

The Lisbon Declaration
The Laeken Declaration
The Dublin Declaration

1: A
The Berlin Declaration, adopted by all Member States on 25 March 2007, enshrined their
common resolve to agree on a new treaty in time for the 2009 European Elections.
The Brussels European Council adopted in July 2007 a precise mandate on the basis of which
the IGC had to draft the amendments to the existing Treaties.

2
The Lisbon Treaty ...

A. Replaces all existing treaties

B. Was subject to a referendum in all Member States
C. No longer refers to the symbols of the European Union
D. Is a new European constitutional Treaty.

2: C
The Lisbon Treaty does not create state-like Union symbols like a flag or an anthem.
The Treaty establishing a constitution for Europe mentioned five symbols of the Union:
- the flag (a circle of twelve golden stars on a blue background)
- the anthem (based on the 'Ode to Joy' from the Ninth Symphony by Ludwig van Beethoven)
- the motto ('United in diversity')
- the currency (the euro)
- Europe day (9 May)

3
According to the Lisbon Treaty, the European Union is composed of ...

A. three institutions
B. four institutions
C. five institutions
D. seven institutions.

3: D
Article 13 (1) TEU:
The Union shall have an institutional framework which shall aim to promote its values,
advance its objectives, serve its interests, those of its citizens and those of the Member States,
and ensure the consistency, effectiveness and continuity of its policies and actions.
The Union's institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as "the Commission"),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.
4
The Treaty of Lisbon reverts to the traditional method of treaty change, amending both the
EC and EU Treaties?

True
False

4: A
The Treaty of Lisbon amending the Treaty on the European Union (TEU) and the Treaty
establishing the European Community (TEC) entered into force on 1 December 2009.

5
The Treaty of Lisbon has dissolved the Union's three pillars, creating, therefore a European
Union with a single legal personality.

True
False

5: A
The Lisbon Treaty gives the EU full legal personality (Art 47 TEU).

In fact however specific provisions remain for the former second pillar, the common foreign
and security policy (CFSP), e.g.
- Definition and implementation by unanimous European Council and Council (Art 31 (1)
TEU)
- The CJEU is not competent (Art 24 (1) TEU, Art 275 TFEU)
- No legislative acts but general guidelines, decisions defining actions and positions (Art 25
TEU)

6
The Lisbon Treaty for the first time organises the powers of the Union. Art 2 TFEU
distinguishes between

Two types of competences

Three types of competences
Four types of competences
Five types of competences

6: B
Art 2 TFEU distinguishes between
Exclusive competence
Shared competence
Supporting competence

7
The Union has shared competence in the following area:

A. Common commercial policy (CCP)

B. Culture
C. Social policy
D. Education, vocational training, youth and sport

7: C
Art 4 TFEU
" 1. The Union shall share competence with the Member States where the Treaties confer on
it a competence which does not relate to the areas referred to in Articles 3 and 6. "

The Union has exclusive competence for common commercial polcy (Art 3 TFEU).

8
Declaration nr 17 attached to the Treaty of Lisbon refers to an opinion of the Council Legal
Service concerning

The primacy of Union law

The delimitation of competences
The legal personality of the Union
Revision of the Treaties

8: A
"Opinion of the Council Legal Service of 22 June 2007

It results from the case-law of the Court of Justice that primacy of EC law is a cornerstone
principle of Community law. According to the Court, this principle is inherent to the specific
nature of the European Community. At the time of the first judgment of this established case
law (Costa/ENEL,15 July 1964, Case 6/641) there was no mention of primacy in the treaty. It
is still the case today. The fact that the principle of primacy will not be included in the future
treaty shall not in any way change the existence of the principle and the existing case-law of
the Court of Justice."

9
According to Protocol No 30, annexed to the TEU and the TFEU, the courts cannot verify the
consistency with the Charter of Fundamental rights of national measures or practices of ....
Poland
United Kingdom
Czech Republic
Poland and United Kingdom

9: D
Within the Intergovernmental Conference that negotiated the Lisbon Treaty, it proved
impossible to reach consensus with regard to the Charter as a binding source of law without
agreeing on derogatory arrangements for the UK and Poland.
See also Declaration No 53 by the Czech Republic

1
What type of question can a national court or tribunal refer to the CJEU pursuant to Art 267
TFEU?
A question which relates to the interpretation of the Treaties and interpretation/validity of EU
Regulations and EU Directives
A question which relates to the interpretation of the Treaties
A question which relates to the interpretation of EU Directives
A question which relates to the interpretation of EU Regulations
A question which relates to the validity of EU Regulations and EU Directives

1: A
Article 267 TFEU:
"The Court of Justice of the European Union shall have jurisdiction to give preliminary
rulings concerning:
(a) the interpretation of the Treaties;
(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the
Union;"

2
Upon which courts and tribunals does Art 267 TFEU impose an OBLIGATION to make a
referral to the CJEU?
Constitutional courts
Those against whose decisions there is no judicial remedy under national law
High Courts of Justice
Courts of Appeal

2: B
Article 267 TFEU:
" Where any such question is raised in a case pending before a court or tribunal of a Member
State against whose decisions there is no judicial remedy under national law, that court or
tribunal shall bring the matter before the Court."

3
Art 267 TFEU provides that any court or tribunal may make a referral to the CJEU if the
national court or tribunal considers it to be:
Required to enable it to give judgment
Appropriate to enable it to give judgment
Necessary to enable it to give judgment
Essential to enable it to give judgment
In the interests of the parties

3: C
Article 267 TFEU:
"Where such a question is raised before any court or tribunal of a Member State, that court or
tribunal may, if it considers that a decision on the question is necessary to enable it to give
judgment, request the Court to give a ruling thereon."

4
Courts or tribunals which are under an obligation to make a referral under Article 267 TFEU
will only be under an obligation to make the referral to the CJEU if the court or tribunal
considers it necessary to make the referral.

True
False

4: A
Article 267 (3) TFEU does not contain an express reference to the criterion " a decision on
the question is necessary to enable it to give judgment ", although there is such a reference in
Art 267 (2) TFEU.
The Court of Justice however stated that it is also applicable to the third paragraph.
So the Court of Justice removed the obligation to make a referral in circumstances known as
'acte clair'.

5
Why might it not be necessary to make a referral to the CJEU?
Because (i) the CJEU has already answered the same question in a previous case (precedent);
or (ii) the answer to the question is perfectly clear (doctrine of acte clair)
Because the parties to the case do not agree that the case should be referred
Because the CJEU has already answered the same question in a previous case (precedent)
Because the answer to the question is perfectly clear (doctrine of acte clair)
Because the applicant does not agree that the case should be referred

5: A
Because
The CJEU has already answered the same question in a previous case (precedent);
or the answer to the question is perfectly clear (doctrine of acte clair)

1
As an alternative to the Commission taking action under Art 258 TFEU, can a Member State
take action against another Member State which it alleges is acting in breach of EU law?
Yes, it has an unlimited right to take action pursuant to Art 259 TFEU
Yes, pursuant to Art 258 TFEU
No
Yes, pursuant to Art 259 TFEU, but the Commission must first be given three months to
deliver a reasoned opinion

1: D
Yes, pursuant to Art 259 TFEU, but the Commission must first be given three months to
deliver a reasoned opinion

2
How many stages are there in the Art 258 TFEU?
TWO: (i) the Commission issuing a reasoned opinion; and (ii) referral to the ECJ
THREE: the informal stage, followed by two formal stages: (i) the Commission issuing a
reasoned opinion; and (ii) referral to the CJ
TWO: (i) the administrative stage (a letter requesting the Member State's observations); and
(ii) referral to the CJ
FOUR: the informal stage, followed by three formal stages: (i) the administrative stage (a
letter requesting the Member State's observations); (ii) the Commission issuing a reasoned
opinion; and (iii) referral to the CJ
THREE: (i) the administrative stage (a letter requesting the Member State's observations); (ii)
the Commission issuing a reasoned opinion; and (iii) referral to the CJ

2: D
FOUR:
the informal stage, followed by three formal stages:
the administrative stage (a letter requesting the Member State's observations);
the Commission issuing a reasoned opinion;
and referral to the CJ
3

If a Member State fails to cooperate with the Commission's enquiries, preventing the
Commission from ascertaining the relevant facts, the Commission can initiate Art 258 TFEU
proceedings against the defaulting Member State for a breach of Art .... TEU.

3:
If a Member State fails to cooperate with the Commission's enquiries, preventing the
Commission from ascertaining the relevant facts, the Commission can initiate Art 258 TFEU
proceedings against the defaulting Member State for a breach of Art 4(3) TEU (Principle of
sincere cooperation).

4
In Case 74/82 Commission v Ireland the CJ stipulated that a Member State had a reasonable
period of time within which to comply with a reasoned opinion.

True
False

4: A
It is normal practice for a Member State to be given at least two months to respond to a
reasoned opinion, but a shorter period might be permissible in certain cases.

5
Can a Member State defend Art 258 TFEU proceedings on the basis it was powerless to
remedy its breach of EU law?
Yes, provided the European Parliament has confirmed that the Member State was powerless
to remedy the breach
No
Yes
Yes, provided the Council of the EU and the European Parliament have confirmed that the
Member State was powerless to remedy the breach
Yes, provided the Council of the EU has confirmed that the Member State was powerless to
remedy the breach

5: B
No
Member States have attempted to rely upon a number of defences to justify their breaches of
Union law, but the Court has not, generally, been receptive.

6
If proceedings are taken against a Member State pursuant to Art 258 TFEU, the CJ can
impose a penalty payment or lump sum penalty if it finds that the Member State is in breach
of EU law.
True
False

6: B
The CJ can only impose a penalty payment or lump sum penalty in proceedings taken against
a Member State pursuant to Art 260 TFEU.

7
If proceedings are taken against a Member State pursuant to Art 258 TFEU, and the CJ finds
that the Member State is in breach of Union law, what is the Member State required to do
pursuant to Art 260 TFEU?

Require the national parliament to take corrective action

Take 'the necessary action' to comply with the judgment
Take 'whatever action is necessary and within its power' to comply with the judgment
Take 'all appropriate action' to comply with the judgment
Advise the national parliament to take corrective action

7: B
Take 'the necessary action' to comply with the judgment

8
If a Member State fails to comply with its Art 260 TFEU obligation, can the Commission
take further action against the defaulting Member State?
Yes, provided the European Parliament consents
Yes, under Art 260 TFEU
No
Yes, under Art 258 TFEU
Yes, provided the Council of the EU consents

8: B
Yes, under Art 260 TFEU

9
If such further action is taken, the CJ can impose a penalty payment or lump sum penalty on
the defaulting Member State.
True
False
9: A
Art 260 (2) TFEU: If the Court finds that the MS concerned has not complied with its
judgment it may impose a lump sum or penalty payment on it.

10
What did the CJ do in Case C-304/02 Commission v France for the first time?
Impose both a penalty payment and a lump sum penalty on the defaulting Member State
(France)
Impose a penalty payment on the defaulting Member State (France)
Refer the case to the national court for it to decide whether or not to impose a penalty
payment and/or a lump sum penalty on the defaulting Member State (France)
Refer the case to the Council of the EU for it to decide whether or not to impose a penalty
payment and/or a lump sum penalty on the defaulting Member State (France)
Impose a lump sum penalty on the defaulting Member State (France)

10: A
Impose both a penalty payment and a lump sum penalty on the defaulting Member State
(France)

A penalty payment is likely to encourage the MS in breach to put an end as soon as possible
to the infringement found
The imposition of a lump sum is prompted more by the assessment of the consequences for
private and public interests of the failure by the MS concerned to comply with its obligations

11
What was the Court's ruling about in the AETR case?
Right to conclude international agreements
Direct effect of Community law
Consumer rights
State aids

11: A
The AETR judgment of 31 March 1971, in the Commission/Council case, recognised the
Community's right to conclude international agreements in spheres where Community
regulations apply (implied competence).
The exclusive competence of the Union for the conclusion of an international agreement is
under certain conditions since the Lisbon Treaty provided for in article 3 (2) TFEU.
Art 216 (1) TFEU now states: The Union may conclude an agreement ... where the
conclusion of an agreement ... is likely to affect common rules or alter their scope.

AETR = Accord Européen sur les transport routiers

1
Who is considered to be a citizen of the Union?
a) anyone who is a national of a Member State
b) anyone who has a passport of a Member State and is a resident there
c) anyone residing in Union territory
d) the three answers are correct.

1: A
Article 20 (1) TFEU
" Citizenship of the Union is hereby established. Every person holding the nationality of a
Member State shall be a citizen of the Union.
Citizenship of the Union shall be additional to and not replace national citizenship. "

2
Which Treaty Article provides that 'Citizenship of the Union is hereby established. Every
person holding the nationality of a Member State shall be a citizen of the Union ...'?
Art 21(1) TFEU
Art 24 TFEU
Art 23 TFEU
Art 20 TFEU
Art 22 TFEU

2: D
In 1992, the Treaty on European Union introduced the idea of citizenship of the Union to
make it clear that the European Union not only confers rights on persons who are engaged in
an economic activity, but on all persons who have the nationality of a Member State.

3
Article .... (2) TFEU provides that 'Citizens of the Union shall enjoy the rights and be subject
to the duties provided for in the Treaties.'

3
Article 20 (2) TFEU provides that 'Citizens of the Union shall enjoy the rights and be subject
to the duties provided for in the Treaties.'

4
Which statement is false? Citizenship of the Union gives citizens the right ...
a) to move and reside freely in other Member States
b) to petition and appeal to the European Ombudsman
c) to stand in elections to the national Parliament in the country of residence
d) to vote in local government elections in the country of residence, even if the citizen is not a
national of that country
4: C
Article 20 TFEU

5
Citizenship of the European Union does not include ....
The right to move and reside freely within the territory of the Member States
The right to petition the European Parliament
The right to stand as a candidate in national elections in the Member State in which the
citizen resides
The right to diplomatic protection in the territory of a third country

5: C

6
Article 21 (1) TFEU provides that 'Every citizen of the Union shall have the right to move
and reside freely within the territory of the Member States...' It further provides that this right
to move and reside freely is not subject to any limitations.
True
False

6: B
Article 21 (1) TFEU provides that the right to move and reside freely is 'subject to the
limitations and conditions laid down in the Treaties and by the measures adopted to give them
effect.'

7
What is Directive 2004/38 concerned with?
The right of entry and residence within the EU of EU and non-EU citizens and their family
members
The right of entry within the EU of EU citizens and their family members
The right of residence within the EU of EU citizens and their family members
The right of entry and residence within the EU of non-EU citizens and their family members
The right of entry and residence within the EU of EU citizens and their family members

7: E
Directive 2004/38/EC on the right of citizens of the Union and their family members to move
and reside freely within the territory of the Member States.
= Citizens Rights Directive (CRD)

8
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
concerns the ...
a) right of citizens of the Union and their family members to move and reside freely within
the territory of the MS
b) control of mergers between enterprises
c) state aids in shipbuilding
d) reduction of the United Kingdom's contribution to the Community budget

8: A

Article 21 TFEU
Directive 2004/38/EC brings together the piecemeal measures found in the complex body of
legislation that has governed this matter to date.

9
Article 3(1), Directive 2004/38 establishes what right?
The right of all citizens to move to, or reside in, a Member State and to 'family members' who
accompany or join them
The right of all EU citizens to move to, or reside in, a Member State other than that of which
they are a national, and of 'family members' who accompany or join them
The right of all citizens to move to, or reside in, a Member State
The right of all EU citizens to move to a Member State other than that of which they are a
national
The right of all EU citizens to reside in a Member State other than that of which they are a
national

9: B
Article 3 (1) CRD: This Directive shall apply to all Union citizens who move to or reside in a
Member State other than that of which they are a national, and to their family members as
defined in point 2 of Article 2 who accompany or join them.

10
Article 6(1), Directive 2004/38 establishes the right of all EU citizens to reside in another
Member State for a period not exceeding .... months.

(Please enter the number in a digit format).

10
Article 6(1), Directive 2004/38 establishes the right of all EU citizens to reside in another
Member State for a period not exceeding three months.

11
This right of residence for up to three months under Art 6(1) of Directive 2004/38 is subject
to the condition that the EU citizen is moving to the host Member State to work (in an
employed or self-employed capacity).
True
False

11: B
The only condition which applies is the requirement
for EU citizens and EU family members to hold a valid identity card or passport,
and for non-EU family members to hold a valid passport.

12
Article 14(1), Directive 2004/38 provides EU citizens and their family members with the
right of residence for up to three months under Art 6, as long as they do not become what?
A burden on the social assistance scheme of the host Member State
An unreasonable burden on the host Member State
An unreasonable burden on the social assistance scheme of the host Member State
A burden on the host Member State
An unreasonable burden on the social security scheme of the host Member State

12: C
Article 14 (retention of the right of residence): Union citizens and their family members shall
have the right of residence provided for in Article 6, as long as they do not become an
unreasonable burden on the social assistance system of the host Member State.

13
Which of the following statements is correct? When EU citizens exercise their right of
petition, they address their petitions to the ...
European Parliament
European Court of Justice
European Ombudsman
European Human rights Agency

13: A
When EU citizens exercise their right of petition, they address their petitions to the European
Parliament

Art 227 TFEU

14
The right of all citizens of the Union to access European Parliament, Council and
Commission documents was inserted by the .... and is now enshrined in Article ...
Treaty of Nice, 289 TFEU
Amsterdam Treaty, 15 TFEU
Single European Act, 51 TFEU
Maastricht Treaty, 188 TFEU

14: B
Also article 42 of the Charter of Fundamental rights: 'Any citizen of the Union, and any
natural or legal person residing or having its registered office in a MS, has a right of access to
documents of the institutions, bodies, offices and agencies of the Union, whatever their
medium.'

15
The right to have access to documents of the Union institutions, bodies, offices and agencies
is open to:
a) only European Union citizens
b) EU citizens and anyone who is resident there or based in a Member State
c) only for nationals of a Member State
d) everyone

15: B
Art 15 (3) TFEU
" Any citizen of the Union, and any natural or legal person residing or having its registered
office in a Member State, shall have a right of access to documents of the Union institutions,
bodies, offices and agencies, whatever their medium, subject to the principles and the
conditions to be defined in accordance with this paragraph. "

16
In Case C-184/99 Grzelczyk v Centre Public d'aide sociale d'Ottignies-Louvain-la-Neuve,
what did the ECJ state about EU citizenship?
EU citizenship is destined to be the fundamental status of nationals of Member States,
enabling those who find themselves in the same situation to enjoy the same treatment in law
irrespective of their nationality, subject to such exceptions as are expressly provided for
EU citizenship is destined to be the primary status of nationals of Member States
EU citizenship is destined to be the primary status of nationals of Member States, enabling
those who find themselves in the same situation to enjoy the same treatment in law
irrespective of their nationality
EU citizenship is destined to be the most important status of nationals of Member States,
enabling those who find themselves in the same situation to enjoy the same treatment in law
irrespective of their nationality
EU citizenship is destined to be the most important status of nationals of Member States

16: A
EU citizenship is destined to be the fundamental status of nationals of Member States,
enabling those who find themselves in the same situation to enjoy the same treatment in law
irrespective of their nationality, subject to such exceptions as are expressly provided for.

17
In Case C-184/99 Grzelczyk, in addition to the provisions of the EC Treaty relating to EU
citizenship, the ECJ relied upon former Art 12 EC Treaty (now Art 18 TFEU).
Article 18 TFEU prohibits any discrimination on grounds of ....

17:
Article 18 TFEU prohibits any discrimination on grounds of nationality.

It concerned a student of French nationality who paid on his own his three years of full-time
study at a Belgian University by taking on minor jobs and obtaining credit and applied for the
Belgian minimum subsistence allowance at the start of his fourth and final year. If he had
been Belgian then he would have been entitled to the benefit, notwithstanding the fact that he
was not an EU worker within the scope of Regulation 1612/68.
A MS could however take the view that a student who had recourse to social assistance was
no longer fulfilling the conditions of his right of residence (under what is now Directive
2004/03)

18
The Schengen Agreement concerns:
a) the principle of free movement of persons
b) the definitive seats of the European institutions
c) the Union's social policy
d) antidumping duties

18: A
By the Schengen Agreement signed on 14 June 1985, Belgium, France, Germany,
Luxembourg and the Netherlands agreed that they would gradually remove controls at their
common borders and introduce freedom of movement for all nationals of the signatory
Member States, other Member States or third countries.
The Schengen Convention supplements the Agreement and lays down the arrangements and
safeguards for implementing freedom of movement. It was signed by the same five Member
States on 19 June 1990 but did not enter into force until 1995.
This intergovernmental cooperation (Schengen acquis) was integrated into EU law on 1 May
1999 by the Treaty of Amsterdam.

19
The European Union (EU-28) has around...
a) 325 million inhabitants
b) 376 million inhabitants
c) 503 million inhabitants
d) 512 million inhabitants

19: C
http://europa.eu/abc/keyfigures/index_en.htm

Since July 2013: 503 million inhabitants

20
2013 was the European Year (EY) of ...?
a) Citizenship through Education
b) Cultural Heritage
c) Citizens
d) Workers' Mobility

20: C
2009: European Year of Creativity and Innovation
2010: European Year of the Fight against poverty and Social exclusion
2011 European Year of Volunteering
2012 European Year of Active Ageing and Solidarity between the generations
2013 European Year of Citizens

1
One of the following procedures for the adoption of legal acts does not exist anymore. Which
one?
A. ordinary legislative procedure (OLP)
B. consultation procedure
C. consent procedure
D. cooperation procedure

1: D
Art 14 (1) TEU
Article 289 TFEU

2
The Treaty of Lisbon has repealed the Art 252 EC Treaty legislative procedure (i.e. the
cooperation procedure)?

True
False
2: A
The Lisbon Treaty abolished the cooperation procedure and uses the ordinary legislative
procedure or consultation instead.

3
In the Treaty on European Union (TEU) the powers to initiate legislation, belongs to ...

A. jointly the Council and the Commission

B. jointly the Member States and the Commission
C. jointly the European Parliament and the Commission
D. the Commission alone

3: D
Art 17 (2) TEU
" Union legislative acts may only be adopted on the basis of a Commission proposal, except
where the Treaties provide otherwise. Other acts shall be adopted on the basis of a
Commission proposal where the Treaties so provide. "

The EP does have the power to suggest new areas for legislation (art 225 TFEU), but the
decision on whether or not to bring forward such legislation and in what form is for the
Commission alone.

4
The ordinary legislative procedure (OLP)...
A. gives the European Parliament the right of veto on most projects
B. forces the Council to vote unanimously on projects, amended by the European Parliament
C. was established by the Single European Act
D. was repealed by the Amsterdam Treaty

4: A
Article 294 TFEU
The ordinary legislative procedure (OLP) follows the same steps as the former co-decision
procedure (introduced by the Maastricht Treaty).
However, the wording of the TFEU underlines more the equal role of council and EP in this
procedure.

5
The <Conciliation Committee> established in the framework of the ordinary legislative
procedure...
A. votes by simple majority
B. is a joint committee of Council and Parliament members
C. must be consulted for any legislative proposal
D. settles, as a last resort, disagreements between the Council and Parliament

5: B
Article 294 (10) TFEU
" The Conciliation Committee, which shall be composed of the members of the Council or
their representatives and an equal number of members representing the European Parliament,
shall have the task of reaching agreement on a joint text, by a qualified majority of the
members of the Council or their representatives and by a majority of the members
representing the European Parliament within six weeks of its being convened, on the basis of
the positions of the European Parliament and the Council at second reading. "

6
The European Parliament has the power to propose amendments if an EU legislative
instrument has to be adopted using the ordinary legislative procedure (Art 294 TFEU)
True
False

6: A
The European Parliament can propose amendments at first and second reading.

Art 294 TFEU provides the EP also with the ultimate power to veto a proposed EU legislative
instrument.

7
The European Parliament (EP) gives its consent, by absolute majority of its Members, for...
A. the organisation of structural funds
B. the conclusion of certain international agreements
C. the amendment of the Statute of the European System of Central Banks (ESCB)
D. the conclusion of accession agreements for new Member States.

7: D
The organisation of structural funds: art 177 TFEU
The conclusion of certain international agreements: art 218 TFEU
The amendment of the Statute of the European System of Central Banks (ESCB): art 129
TFEU
The conclusion of accession agreements for new Member States: art 49 TEU

8
In which field the Parliament and the Council do not decide by the ordinary legislative
procedure?
A. incentive measures for education
B. incentive measures for employment
C. complementary measures for tourism
D. policies relating to the prudential supervision of credit institutions

8: D
Incentive measures for education: art 165 TFEU
Incentive measures for employment: art 149 TFEU
Complementary measures for tourism: art 195 TFEU
Policies relating to the prudential supervision of credit institutions: Art 127 (6) TFEU
" The Council, acting by means of regulations in accordance with a special legislative
procedure, may unanimously, and after consulting the European Parliament and the European
Central Bank, confer specific tasks upon the European Central Bank concerning policies
relating to the prudential supervision of credit institutions and other financial institutions with
the exception of insurance undertakings."

9
In which field does the Council of the European Union not decide unanimously?
A. rules governing the languages of the institutions of the Union
B. turnover taxes, excise duties an other forms of indirect taxation
C. social security and social protection of workers
D. common policy on visas and other short-stay residence permits

9: D
Rules governing the languages of the institutions of the Union: Art 342 TFEU
Turnover taxes, excise duties an other forms of indirect taxation: Art 113 TFEU
Social security and social protection of workers: Art 153 TFEU
Common policy on visas and other short-stay residence permits: Article 77 (2) TFEU

10
The Council must obtain the European Parliament's consent when ...
Adopting directives for the protection of workers where their employment contract is
terminated
Adopting directives concerning conditions of employment for third-country nationals legally
residing in Union territory
Setting out taxation regimes
Concluding association and cooperation agreements

10: D
Adopting directives for the protection of workers where their employment contract is
terminated: art 153 TFEU
Adopting directives concerning conditions of employment for third-country nationals legally
residing in Union territory: art 153 TFEU
Setting out taxation regimes: art 113 TFEU
Concluding association and cooperation agreements:
art 218 TFEU

11
The horizontal flexibility clause is now enshrined in article .... TFEU and requires ..... within
the Council.
235 TFEU, unanimity
308 TFEU, qualified majority
352 TFEU, unanimity
352 TFEU, qualified majority

11: C
Article 352 (1) TFEU:
" If action by the Union should prove necessary, within the framework of the policies defined
in the Treaties, to attain one of the objectives set out in the Treaties, and the Treaties have not
provided the necessary powers, the Council, acting unanimously on a proposal from the
Commission and after obtaining the consent of the European Parliament, shall adopt the
appropriate measures. Where the measures in question are adopted by the Council in
accordance with a special legislative procedure, it shall also act unanimously on a proposal
from the Commission and after obtaining the consent of the European Parliament. "

12
Which institution acts solely in an advisory capacity?
A. the European Parliament (EP)
B. the Court of Justice
C. the Committee of the Regions (CoR)
D. the Court of Auditors

12: C
Art 13 (4) TEU
Art 300 (1) TFEU
" The European Parliament, the Council and the Commission shall be assisted by an
Economic and Social Committee and a Committee of the Regions, exercising advisory
functions. "

13
Which legal act must be mandatorily published in the Official Journal of the European Union
(OJEU)?
A. an opinion
B. a regulation
C. a decision
D. a recommendation

13: B
Article 297 TFEU
A decision must be published if it does not specify those to whom it is addressed.

Article 288 TFEU provides that regulations, directives and decisions constitute 'legal acts' of
the EU.
Article 289 (3) TFEU provides that legal acts adopted by legislative procedure constitute
legislative acts.

14
The Official Journal of the European Union (OJEU) is currently published in at least:
A. eight languages
B. fifteen languages
C. twenty-two languages
D. twenty-three languages

14: D

Since July 2013: 24 languages

http://europa.eu/languages/en/home

Art 55 TEU

15
Which Institution(s) decide(s) the Union's budget?
A. the Council of the European Union and the Commission
B. the Parliament and its President
C. the Commission and the European Parliament
D. the Council of the European Union and the Parliament

15: D
Article 310 (1) TFEU
Art 314 TFEU
" The European Parliament and the Council, acting in accordance with a special legislative
procedure, shall establish the Union's annual budget in accordance with the following
provisions. "
http://ec.europa.eu/budget/index_en.htm

16
The preliminary draft budget...
A. is established by the Council of the Union
B. must be submitted to the EP and Council by 1 September at the latest
C. concerns only provisional Union expenditure
D. is a European Parliament document

16: B
Article 314 (2) TFEU
"The Commission shall submit a proposal containing the draft budget to the European
Parliament and to the Council not later than 1 September of the year preceding that in which
the budget is to be implemented.
The Commission may amend the draft budget during the procedure until such time as the
Conciliation Committee, referred to in paragraph 5, is convened."

17
The Council of the European Union establishes:
A. the provisional Union's budget
B. the preliminary draft Union's budget
C. the draft budget
D. the Union budget

17: C
Art 314 TFEU
" 3. The Council shall adopt its position on the draft budget and forward it to the European
Parliament not later than 1 October of the year preceding that in which the budget is to be
implemented. The Council shall inform the European Parliament in full of the reasons which
led it to adopt its position. "

http://ec.europa.eu/budget/budget_detail/deciding_en.htm

18
Which institution or institutions make(s) the legal decision to accept a new accession to the
European Union?
A. the Parliament
B. the Commission
C. the Council and the European Parliament
D. the Council, the Court of Justice and the Parliament
18: C
Article 49 TEU
The application is addressed to the Council, which will act unanimously after consulting the
Commission and after obtaining the consent of the European Parliament, which will act by a
majority of its component members.

19
Under the EU Treaty, what role does the European Parliament play in accession procedures?
Initiates the commencement of accession negotiations
Consultation
May give consent, by an absolute majority of its component members
Signs the accession Treaty on behalf of the European Union's institutions

19: C
Article 49 TEU

1
Human rights inside the European Union...

A. are not the a competence of the European Union

B. are solely administered by the European Convention of Human Rights and Fundamental
Freedoms signed in Rome on the 4th November,1950
C. were written into the Treaty on European Union (Treaty of Maastricht)
D. are included in Article 44 of the TFEU

1: C
Until the Treaty on European Union came into force in 1993, there were no specific
provisions for the protection of human rights as such in the Treaties.
Article 6 (3) TEU:
" Fundamental rights, as guaranteed by the European Convention for the Protection of
Human Rights and Fundamental Freedoms and as they result from the constitutional
traditions common to the Member States, shall constitute general principles of the Union's
law. "

2
Fundamental rights ...

were integrated in the Treaties of Rome

were the subject of a charter declared by the Nice European Council on 7 December 2000
C. are incorporated in Chapter II of the Lisbon Treaty
D. have been under the sole jurisdiction of the Court of Justice since 2006.
2: B

The Charter of Fundamental Rights was declared at the Nice European Council on 7
December 2000 and was amended on 12 December 2007 and given legal recognition by the
Treaty of Lisbon (Article 6(1) TEU)

3
The European Union Agency for Fundamental Rights (FRA) has its seat in:

A. Vienna
B. Amsterdam
C. Alicante
D. Thessaloniki

3: A
The goal of the European Union Agency for Fundamental Rights (FRA) is to provide the EU
institutions and the Member States with assistance and expertise in the field of fundamental
rights.

http://ec.europa.eu/justice_home/fsj/rights/fsj_rights_agency_en.htm

4
The <Suspension Clause> at European Union level...

A. is only used in the framework of the WTO

B. provides for the suspension of voting rights within the Council in the case of serious and
persistent violation of democratic principles by a Member State
C. concerns the budgetary procedure of the Union
D. is a preventive measure, decided by qualified majority by the Council.

4: B
Art 7 TEU establishes
Both a prevention mechanism (Council determines a clear risk of a serious breach of Union
values)
And a sanction mechanism (European Council determines the existence of a serious and
permanent breach of Union values)
Art 354 TFEU

5
The European Court of Human Rights (ECHR) is based in...
A. The Hague
B. Karlsruhe
C. Strasbourg
D. Luxembourg

5: C
http://www.echr.coe.int

The European Convention on Human Rights was drafted in 1950 under the auspices of the
Council of Europe.
Not to be confounded with the European Council.

6
If a fundamental right is found to be breached, the Court of Justice declares the act concerned
to be void, with .... and .... effect.

Immediate, universal
Retroactive, universal
Retroactive, direct
Immediate, retrospective

6: B
Art 264 TFEU
"If the action is well founded, the Court of Justice of the European Union shall declare the act
concerned to be void.
However, the Court shall, if it considers this necessary, state which of the effects of the act
which it has declared void shall be considered as definitive. "

7
The Charter of Fundamental Rights aims only to protect the fundamental rights of individuals
with regard to action undertaken by the EU institutions and by the Member States in
application of the EU Treaties

True
False

7: A
Article 51 (1) of the Charter of Fundamental Rights of the European Union: " The provisions
of this Charter are addressed to the institutions, bodies, Union law offices and agencies of the
Union with due regard for the principle of subsidiarity and to the Member States only when
they are implementing Union law. "
8
Most rights of the Charter of Fundamental Rights are conferred on
All people
All European citizens
All workers
All economic agents

8: A
Under the principle of universality, most of the rights listed in the Charter of Fundamental
Rights are conferred on all people, regardless of their nationality or place of residence.

9
The Community Charter of the Fundamental Social Rights of Workers was adopted on 9
December 1989 at the Strasbourg summit by the Heads of State or Government of
Six Member States
Nine Member States
Eleven Member States
Fifteen Member States

9: C
The Community Charter of the Fundamental Social Rights of Workers was adopted on 9
December 1989 by a political declaration of all 11 Member States, with the exception of the
UK.
Since 1985, increasing concern had been expressed at all levels at the social consequences of
the creation of the Single Market, and there was a perceived need for the formulation and
implementation of a comprehensive social dimension for the 1992 programme.
The UK eventually acceded to the Charter, following the election of a new government in
May 1997.
Due to the reference in article 151 TFEU the Charter may be used by the Court of Justice as
an interpretative guide..

10
Protocol No 30 on the application of the Charter of Fundamental Rights lays down
derogations for
The United Kingdom and Poland
The United Kingdom and Denmark
The United Kingdom and Ireland
The United Kingdom
10: A
PROTOCOL (No 30) ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL
RIGHTS OF THE EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOM

1
The seat of the European Ombudsman is in:
a) Brussels
b) Luxembourg
c) Strasbourg
d) London

1: C
http://www.ombudsman.europa.eu/home/en/default.htm

2
Which Institution is solely responsible for the appointment of the European Ombudsman?
a) the Council
b) the Commission
c) the Parliament
d) the Court of Justice

2: C

Article 228 TFEU

3
The European Ombudsman may be dismissed by ... ?
a) The European Parliament
b) The Council of the European Union
c) The Council acting unanimously
d) The Court of Justice at the request of the European Parliament

3: D
Article 228 (2) TFEU

4
According to the TFEU the European Parliament appoints the Ombudsman ...
For a two and a half year period
For the duration of the Parliament's term
For five years
For an unfixed period of time
4: B
Art 228 (2) TFEU: The Ombudsman shell be elected after each election of the European
Parliament for the duration of its term of office.

5
What rights does the Ombudsman have regarding the Court of Justice and General Court?
The Ombudsman may....
Carry out examinations of all kinds
Not carry out any examination regarding these two institutions
Not carry out examinations when these bodies act in their judicial role
Not carry out examinations in cases where a Community institution is involved

5: C
Art 228 (1) TFEU:
" In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds
grounds, either on his own initiative or on the basis of complaints submitted to him direct or
through a Member of the European Parliament, except where the alleged facts are or have
been the subject of legal proceedings. "

1
If a provision of EU law is 'directly effective', the provision of EU law can be enforced
directly in the national court, but does not override any inconsistent national law.

True
False

1: B
The provision of EU law can be enforced directly in the national court, and it overrides any
inconsistent national law.

2
In Case 26/62 Van Gend en Loos, the Court of Justice established a test to determine in what
circumstances a provision of EU law may be directly effective. The Van Gend en Loos test
specifies that a provision of Union law may have direct effect, provided what?

The provision is unconditional

The provision is sufficiently precise
The provision is sufficiently clear
The provision confers no discretion
The provision is sufficiently precise and unconditional
2: E
The Court of Justice, in establishing the general principle of direct effect, limited its scope
only to those provisions which were sufficiently precise and unconditional.

Prior to Van Gend en Loos the accepted method of enforcement was for the Commission to
issue infraction proceedings against the defaulting MS under what is now article 258 TFEU.

3
Within the question text below, there is one text entry field where you can enter your answer.

If a provision of an EU Directive satisfies the Van Gend en Loos test, it can be enforced
against the state or an emanation of the state. This is known as ..... direct effect.

3:
If a provision of an EU Directive satisfies the Van Gend en Loos test, it can be enforced
against the state or an emanation of the state. This is known as vertical direct effect.

4
In Case 148/78 Pubblico Ministero v Ratti, the CJEU established the point at which an EU
Directive may have direct effect. At what point may an EU Directive have direct effect?

Once the date for its implementation has passed

Once the Directive has been published in the Official Journal, or if it is not published, within
20 days of its adoption
Once the Directive has been published in the Official Journal, or if it is not published, within
40 days of its adoption
As soon as the Directive has been adopted
Once the Directive has been published in the Official Journal, or if it is not published, within
60 days of its adoption

4: A
An individual may enforce the directive against the government of the state which has failed
to implement it once the date for implementation of a directive has passed, and not before.

Tullio Ratti claimed that he should not have to comply with a stricter Italian law that required
him to label his solvents, on the ground that it conflicted with two directives with which he
complied. He was prosecuted for failure to comply with the Italian law.
The CJEU held that Ratti was not bound by the Italian law that should have been changed
already according to one of the two directives whose date for implementation had already
passed.
5
Which case of the CJEU dealt with the horizontal direct effect of a directive?

A. Faccini Dori case

B. Francovich case
C. Cassis de Dijon case
D. Van Gend en Loos case

5: A
In C-91/92 Paola Faccini Dori v Recreb SRL, the Court was faced with the fact that Italy had
failed to transpose Directive 85/577 to protect the consumer in respect of contracts negotiated
away from business premises.

The Court held that a consumer could not rely upon her right to cancel a contract within
seven days as against the private trader (not an emanation of the state) with whom she had
concluded it in Italy, even though the directive conferred that right unconditionally and
sufficiently precisely.

6
In Case C-106/89 Marleasing SA v La Comercial Internacional de Almentacion SA, the
CJEU established the principle of indirect effect which provides that national courts are under
an obligation to interpret national law in such a way that it avoids a conflict with EU law, if
that is possible. When does this obligation arise?

Never
Only if there is a relevant provision of national law which can be interpreted
Only if the provision of EU law has been incorporated into the national legal system
Only if it is possible to interpret national law to conform with EU law
In all cases

6: D
The national court's Marleasing interpretative obligation arises only if it is possible to
interpret national law to conform with EU law.

Art 4(3) TEU puts all national authorities, including the courts, under a duty to interpret
national law in he light of the wording and purpose of Union directives.

7
The "Francovich" judgment of 1991 (Case C-6 and 9/90) concerns...

A. The subsidiarity principle

B. The responsibility for failure to transpose a directive
C. The free movement of persons
D. The primacy of European law.

7: B
Three conditions for liability of the MS should be met:
The directive is intended to confer rights on individuals (Schutznorm)
The substance of the rights can be ascertained on the basis of the directive
There is a causal connection between the breach of the duty to transpose the directive and the
loss sustained by the individual

Based on Art 4 (3) TEU (principle of sincere co-operation)

8
What was the Francovich case about?

Inadequate or non-transposition of a directive

Free flow of capital
Compensation for damage caused by a civil servant of the European Union
Freedom to provide services for lawyers

8: A
The Francovich case concerned Directive 80/987 which required Member States to set up a
compensation scheme for unpaid arrears of salary of employees.
Italy had not established one.
Mr. Francovich therefore sought compensation from the Italian government.

9
In which case did the CJEU first establish the principle of state liability?

Case 106/89 Marleasing

Case C-6&9/90 Francovich
Case C-188/89 Foster v British Gas
Case C-91/92 Paola Faccini Dori v Recreb SRL
Case 148/78 Ratti

9: B
Case 106/89 Marleasing concerns the principle of indirect effect (interpretative obligation of
national courts)
In Case C-188/89 Foster v British Gas the CJEU established three Foster guidelines for
determining whether a body is an 'emanation of the state' so that it is bound by an
unimplemented or incorrectly implemented directive: a body 1. for the provision of a public
service 2. under state control and 3. having special powers.
Case C-91/92 Paola Faccini Dori concerned the question of whether a directive could have
horizontal direct effect.
In Case 148/78 Ratti the CJEU said that a directive has vertical direct effect, once the
deadline for implementing has passed, and not before.

10
In which case did the CJEU:
(1) state that it is a condition of state liability that the Member State's breach of EU law must
be 'sufficiently serious'?; and
(2) at para 56 of its judgment, set out the factors which should be taken into account when
determining whether or not the breach is 'sufficiently serious'?

Joined Cases C-178, 179&188-190/94 Dillenkoffer

Case C-188/89 Foster v British Gas
Case C-91/92 Paola Faccini Dori v Recreb SRL
Cases C-46&48/93 Brasserie du Pecheur and Factortame
Case C-6&9/90 Francovich

10: D
The joined Cases C-46&48/93 (Factortame III) concerned directly effective Treaty articles
which had been breached.

Brasserie du Pêcheur v Germany concerned a pre-existing German law (Reinheitsgebot)

which breached what is now Art 34 TFEU.

R v Secretary of State for Transport, ex parte Factortame Ltd and Others concerned a UK Act
of Parliament which was enacted in breach of, inter alia, what is now Art 49 TFEU (Freedom
of establishement).

The claimants sought damages against the respective states for the breach of Union law by
the legislature.

11
The CJEU developed the principle of supremacy of EU law in Case 6/64 Costa v ENEL.
What is the impact of this principle on the Member States' national legal system?

National law has primacy over EU law

EU law is equal to national law
EU law can be enforced in the Court of Justice and the General Court
EU law has primacy over national law
EU law can be enforced in the national courts

11: D
Case 6/64 Flaminio Costa v ENEL
"It follows (...) that the law stemming from the treaty, an independent source of law, could
not, because of its special and original nature, be overridden by domestic legal provisions,
however framed, without being deprived of its character as Community law and without the
legal basis of the Community itself being called into question."

Look at Declaration 17 concerning primacy

12
When did the Court rule in the Gend & Loos case?
1963
1967
1960
1964

12: A

26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen,1963

1
Which EU instruments does Art 288 TFEU provide are legally binding?

Directives, Decisions and Recommendations

Regulations, Directives and Recommendations
Regulations, Decisions and Opinions
Regulations, Directives and Decisions
Decisions, Recommendations and Opinions

1: D
To exercise the Union's competences, the institutions shall adopt regulations, directives,
decisions, recommendations and opinions.
A regulation shall have general application. It shall be binding in its entirety and directly
applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which
it is addressed, but shall leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety. A decision which specifies those to whom it is
addressed shall be binding only on them.
Recommendations and opinions shall have no binding force.

2
On the basis of the TFEU a regulation ...

A. is binding only upon those to whom it is addressed

B. has general implications, is binding in its entirety, and is directly applicable
C. is binding and applicable after approval of the national Parliaments
D. leaves Member States the choice of form and means necessary to reach their objectives.

2: B
Normally if a state enters into an agreement with another state, although that agreement may
be binding in international law, it will only be effective in the legal system of hat state if it is
implemented in accordance with the state's constitutional requirements.
It would be very burdensome to implement a regulation by the national legislature.
Therefore art 288 TFEU provides that a regulation shall be directly applicable.

3
Article 288 TFEU provides that a .... shall be directly applicable.

Regulation
Directive
Decision
Recommendation and Opinion

3: A + C
A regulation shall have general application. It shall be binding in its entirety and directly
applicable in all Member States

A decision is similar to a regulation in that it has direct applicability, requiring no national

implementation in order to take effect.

4
Within the context of an EU legal act, 'directly applicable' means that the act is automatically
entrenched in the constitution of each Member State.

True
False

4: B
'Direct applicability' applies to EU Regulations, and it means that the Regulation is
automatically effective within each Member State's national legal system (i.e. the Member
States do not need to adopt implementing measures to give effect to the Regulation).

5
A Member State is required to adopt implementing legislation to incorporate an EU Directive
into its national legal system.

True
False

5: A
A directive shall be binding, as to the result to be achieved, upon each Member State to which
it is addressed, but shall leave to the national authorities the choice of form and methods.

6
Who does an EU Decision bind?

The 28 Member States

The EU Institutions
The person(s) to whom it is addressed
All EU citizens
The 28 Member States and all EU citizens

6: C
A decision shall be binding in its entirety. A decision which specifies those to whom it is
addressed shall be binding only on them.

Some Treaty articles specify that the mode of the instrument shall be a decision. For example
Article 105 (2) TFEU concerning the infringement of Union competition rules.

7
In the context of sources of EU law, what is meant by 'soft law'?

Soft law refers to legally enforceable instruments which only bind the European Parliament
Soft law refers to the laws of non-EU countries
Soft law refers to non-legally enforceable instruments which may aid the interpretation and/or
application of EU law
Soft law refers to national law
Soft law refers to legally enforceable instruments which only bind the European Commission

7: C
Soft law, in the EU context, includes recommendations and opinions.
Article 288 TFEU states that recommendations and opinions shall not have any binding force.
Non-legally enforceable instruments may be referred to by the Court of Justice when
interpreting and/or applying Union law.

8
The institutions will only adopt the legal instruments listed in Article 288 TFEU, except for
A. Police and judicial cooperation in criminal matters (PJCC)
B. Common foreign and security policy (CFSP)
C. Social policy
D. Monetary policy

8: B
Article 24 and 25 TEU

Article 31 (1) TEU: " Decisions under tis Chapter shall be taken by the European Council and
the Council acting unanimously, except where this Chapter provides otherwise. The adoption
of legislative acts shall be excluded. "

9
Non-legislative acts are adopted by

A. The Parliament
B. The Council
C. The Commission
D. The European Central Bank

9: C
Article 290 TFEU:
"A legislative act may delegate to the Commission the power to adopt non-legislative acts of
general application to supplement or amend certain non-essential elements of the legislative
act.
The objectives, content, scope and duration of the delegation of power shall be explicitly
defined in the legislative acts. The essential elements of an area shall be reserved for the
legislative act and accordingly shall not be the subject of a delegation of power."
Article 291 (2) TFEU:
"Where uniform conditions for implementing legally binding Union acts are needed, those
acts shall confer implementing powers on the Commission, or, in duly justified specific cases
and in the cases provided for in Articles 24 and 26 of the Treaty on European Union, on the
Council."
10
The TEU provides that 'fundamental rights, as guaranteed by the European Convention for
the Protection of Human Rights [ECHR] ... shall constitute general principles of the Union's
law'?

True
False

10: A
Article 6 (3) TEU: " Fundamental rights, as guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and as they result from the
constitutional traditions common to the Member States, shall constitute general principles of
the Union's law. "

11
International Treaties concluded by the EU

A. Are of equal rank as primary law

B. Rank below primary law
C. Are of equal rank as secondary law
D. Are not part of Union law

11: B
Article 216 TFEU

International treaties concluded by the Union rank below primary law and the general
principles of Union law.

1
The Economic and Social Committee (EESC) is composed of ...
a) representatives of the Parliament and the Commission
b) unions and the Commission
c) representatives of the Committee of the Regions, the Parliament and the Council
d) representatives of unions and other socio-vocational groups

1: D
Article 300 (2) TFEU
" The Economic and Social Committee shall consist of representatives of organisations of
employers, of the employed, and of other parties representative of civil society, notably in
socioeconomic, civic, professional and cultural areas. "
2
The Economic and Social committee (EESC) does not mandatorily have to be consulted on...
a) public health policy
b) competition policy
c) the environment
d) agricultural policy

2: B
Article 103 TFEU

3
The current President of the Court of Auditors is:
a) Jan O. Karlsson
b) Bernhard Friedmann
c) Vitor Manuel da Silva Caldeira
d) Juan Manuel Fabra Valles

3: C
http://www.eca.europa.eu

4
The European Investment Bank (EIB)
a) has Member States of the European Union as shareholders
b) Was created by the Maastricht Treaty
c) only finances projects inside the Union
d) Is based in Frankfurt

4: A

www.eib.org

1
Article 5 (3) TEU provides that " Under the principle of ..., in areas which do not fall within
its exclusive competence, the Union shall act only if and in so far as the objectives of the
proposed action cannot be sufficiently achieved by the Member States, either at central level
or at regional and local level, but can rather, by reason of the scale or effects of the proposed
action, be better achieved at Union level. "

Proportionality
Parallelism
Subsidiarity
Good law making
1: C
The principle of subsidiarity constitutes a filter between Union competence and the
possibility of exercising it.

2
The subsidiarity principle, as originally introduced by the Maastricht Treaty:

A. diminishes the powers of Member States

B. limits the European Union's possibility to intervene
C. gives the Council the right of veto
D. provides for intervention by national parliaments in any decision

2: B
Article 5 (3) TEU
Protocol No 2 on the application of the principles of subsidiarity and proportionality

3
The Subsidiarity Principle may not be applied to...

A. regulations concerning public health

B. decisions regarding State aid
C. regulations in the field of consumer protection
D. cultural policy.

3: B
Art 5, par 3 TEU
The subsidiarity principle is only applicable in the areas which do not fall within the
exclusive competence of the Union.

Art 3 TFEU states that the establishing of the competition rules necessary for the functioning
of the internal market is an area of exclusive competence.

4
Any national parliament is allowed to send a reasoned opinion stating why it considers that a
legislative proposal does not comply with the principle of subsidiarity within

Four weeks from the date of transmission

Eight weeks from the date of transmission
Three months from the date of transmission
Four months from the date of transmission
4: B
Protocol (No 2) on the application of the principles of subsidiarity and proportionality:
Article 6

= Early warning system (EWS)

5
According to the Protocol (No 2) on the application of the principles of subsidiarity and
proportionality the Court of Justice has no jurisdiction in actions on grounds of infringement
of the principle of subsidiarity.

True
False

5: B
Article 8 of the Protocol (No 2) on the application of the principles of subsidiarity and
proportionality

"The Court of Justice of the European Union shall have jurisdiction in actions on grounds of
infringement of the principle of subsidiarity by a legislative act, brought in accordance with
the rules laid down in Article 263 of the Treaty on the Functioning of the European Union by
Member States, or notified by them in accordance with their legal order on behalf of their
national Parliament or a chamber thereof.
In accordance with the rules laid down in the said Article, the Committee of the Regions may
also bring such actions against legislative acts for the adoption of which the Treaty on the
Functioning of the European Union provides that it be consulted. "
= Part of the scrutiny of the legality of legislative acts

1
Which Article of the TEU provides that the Court of Justice of the European Union shall
include the Court of Justice (CJ) and the General Court (GC, former Court of First Instance,
CFI)?

1:
Article 19 (1) TEU
" The Court of Justice of the European Union shall include the Court of Justice, the General
Court and specialised courts. It shall ensure that in the interpretation and application of the
Treaties the law is observed. "

2
The Court of Justice consists of:
A. 12 judges and eight advocates-general
B. 13 judges and nine advocates-general
C. 28 judges and eight advocates-general
D. 28 judges and nine advocates-general

2: C

Since July 2013: 28 judges and eight advocates-general (AGs)

Art 19 (2) TEU

3
Article 19 TEU provides that there are ... judges in the Court of Justice (CJ)?

3
Article 19 TEU
'The Court of Justice shall consist of one judge from each Member State. It shall be assisted
by Advocates-General.'

28 judges

4
What does Art 19 TEU state about the nationality of the CJ judges?
The CJ will consist of one judge from each Member State
It does not specify nationality
The CJ will consist of 22 judges, eight of which will be from the eight largest Member States
The CJ will consist of 15 judges, eight of which will be from the eight largest Member States
The CJ will consist of 20 judges, eight of which will be from the eight largest Member States

4: A
Article 19 TEU
"The Court of Justice shall consist of one judge from each Member State. It shall be assisted
by Advocates-General."

5
Art 252 TFEU provides that there are .... Advocates-General attached to the CJ.

5
Article 252 TFEU:
"The Court of Justice shall be assisted by eight Advocates-General. Should the Court of
Justice so request, the Council, acting unanimously, may increase the number of Advocates-
General."
6
The principal role of an Advocate-General (AG) is to assist the CJ reach its judgment by
delivering an Opinion in open court.

True
False

6: A
Article 252 TFEU:
"It shall be the duty of the Advocate-General, acting with complete impartiality and
independence, to make, in open court, reasoned submissions on cases which, in accordance
with the Statute of the Court of Justice of the European Union, require his involvement."

7
What is the status of an Advocate-General's Opinion?
The Opinion is binding on the CJ, although the CJ can depart from it in order to develop a
new principle of Union law
The Opinion is binding on the CJ
The Opinion is binding on the CJ, although the CJ can depart from it if the Member States
agree by simple majority
The Opinion is not binding on the CJ, although the CJ's judgment usually follows the
Opinion
The Opinion is not binding on the CJ, and the CJ's judgment usually departs from the
Opinion

7: D
The Opinion is not binding on the CJ, although the CJ's judgment usually follows the
Opinion.

8
Since 1 February 2003, Art 20 of the Statute of the Court of Justice of the EU (Protocol No 3)
has allowed the CJ to do what?
After hearing the Advocate-General, the CJ may refer the case to a national court
After hearing the Advocate-General, if the CJ considers the case raises no new point of law, it
may decide the case without an Advocate-General's Opinion
After hearing the Advocate-General, the CJ may dispense with the oral hearing
After hearing the Advocate-General, the CJ may strike out the application
After hearing the Advocate-General, the CJ may remit the case to the CJ President for him to
deliver judgment, sitting alone
8: B
Art 20 of Statute of the Court of Justice of the EU (Protocol No 3)
" Where it considers that the case raises no new point of law, the Court may decide, after
hearing the Advocate-General, that the case shall be determined without a submission from
the Advocate-General."

9
The President of the Court of Justice is appointed by:
A. the European Council, as the sole responsible body
B. the Council, meeting at the level of Heads of State or government, after approval of the
European Parliament
C. the Council, after seeking an opinion from the Court of Justice
D. the judges of the Court of Justice

9: D
Article 253 TFEU
Protocol No 3 on the statute of the Court of Justice of the European Union

10
The Court of Justice's rules of procedure are established:
A. by the Council, after seeking an opinion from the European Parliament
B. by the Court of Justice, with the unanimous approval of the Council
C. by the Council, on a proposal from the Commission
D. by the Court of Justice, after consulting the European Parliament

10: B
Article 253 TFEU
" The Court of Justice shall establish its Rules of Procedure. Those Rules shall require the
approval of the Council. "

11
Which of the following formations does the Court of Justice not have?
Chamber of seven
Chamber of five
Full court
Grand Chamber

11: A
Article 16 Protocol (No 3) on the statute of the Court of Justice of the European Union

12
The Court of Justice of the European Union, in matters of common foreign and security
policy (CFSP)...
A. is wholly competent
B. is only competent for prejudicial questions
C. is not at all competent
D. is competent only for civil law.

12: C
Article 275 TFEU
" The Court of Justice of the European Union shall not have jurisdiction with respect to the
provisions relating to the common foreign and security policy nor with respect to acts
adopted on the basis of those provisions. "

13
The Court of Justice of the European Union is not bound by the doctrine of precedent (stare
decisis).

True
False

13: A
Although the Court of Justice of the European Union is not bound by the doctrine of
precedent, it does tend to follow (and build upon) its previous case law, for the sake of legal
certainty.

14
Judgements of the Court of Justice (CJ)
A. are liable to an annulment appeal before the International Court of Justice
B. are liable to appeal before the World Trade organization (WTO)
C. are only enforceable on assent of the Council
D. are final, without appeal

14: D
Article 19 TEU
In the future the Union will accede to the European Convention on Human Rights (Art 6 (2)
TEU).
The fact that domestic remedies must have been exhausted before a matter may be brought
before the European Court of Human Rights will mean, as far as the Union is concerned, that
the Court of Justice will have to give judgment before a complaint can be considered.

15
There are .... judges in the General Court (GC, former Court of First Instance)?

15:
47 judges
Article 254 TFEU:
"The number of Judges of the General Court shall be determined by the Statute of the Court
of Justice of the European Union. The Statute may provide for the General Court to be
assisted by Advocates-General."

The General Court currently has 47 judges. As part of the reform of the judicial system of the
EU, this number will increase to 56 (2 per EU country) in 2019.

16
The Treaty of Nice amended former Art 220 EC (now Article 257 TFEU) to provide for the
creation of judicial panels (attached to the CFI - now called specialized courts). What is the
title of the judicial panel which was constituted in December 2005?

EU Civil Service Panel

EU Staff Tribunal
EU Civil Service Tribunal
EU Staff Tribunal
EU Staff Judicial Panel

16: C
The Council Decision of 2 November 2004 establishes a 'European Union Civil Service
Tribunal'.
This Decision stipulates that the decisions of this Tribunal are subject to appeals to the
General Court.
See Annex I to Protocol No 3 on the Statute of he Court of Justice of the European Union

It ceased to exist on 1 September 2016.

1
What is the role of the European Council?
To take action against a Member State which is acting in breach of EU law
To provide the EU with the necessary impetus for its development and to define the general
political guidelines
To propose and initiate EU legislation
To supervise the EU institutions
To appoint the President of the Commission and the individual Commissioners

1: B
Article 15, par. 1. TEU:
" The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political directions and priorities thereof. It shall not
exercise legislative functions. "

2
The EU's general policical directions and priorities are defined by:
A. The European Parliament
B. The European Council
C. The European Commission
D. Foreign Affairs Ministers of the Member States

2: B
Article 15 (1) TEU
" The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political directions and priorities thereof.
It shall not exercise legislative functions. "

3
The European Council is made up of...
Members of government appointed from each Member State.
Elected representatives from each Member State.
Heads of State or Government from each Member State

3: C
Article 15, par. 2. TEU:
" The European Council shall consist of the Heads of State or Government of the Member
States, together with its President and the President of the Commission. The High
Representative of the Union for Foreign Affairs and Security Policy shall take part in its
work. "

4
The name of ' European Council ' was decided
The Hague summit of 1 and 2 December 1969
The October 1972 Paris Summit
The Paris European summit of February 1974
The Fontainebleau summit of December 1974

4: C
The Paris European summit in February 1974 decided that meetings of Heads of State and
Government should be held regularly in future under the name of 'European Council'.

5
The president of the European Council has a mandate of
30 months, renewable once
30 months, renewable twice
60 months, renewable once
60 months, renewable twice

5: A
Article 15 (5) TEU:
"The European Council shall elect its President, by a qualified majority, for a term of two and
a half years, renewable once. In the event of an impediment or serious misconduct, the
European Council can end the President's term of office in accordance with the same
procedure. "

6
The High Representative (HR) for Foreign Affairs and Security Policy
Presides over the Foreign Affairs Council but does not participate in the European Council
Takes part in the debates of the European Council
Is Vice-President of the Commission but does not participate in the European Council
Does not take part in the debates of the European Council

6: B
Article 15, par. 2. TEU:
" The European Council shall consist of the Heads of State or Government of the Member
States, together with its President and the President of the Commission. The High
Representative of the Union for Foreign Affairs and Security Policy shall take part in its
work. "

1
The first Commission President of the European Economic Community (EEC) was:

a) Walter Hallstein
b) Jean Rey
c) Robert Schuman
d) Jean Monnet

1: A
Walter Hallstein (German) was the first President of the Commission of the EEC in 1958.

2
How many members does the Commission currently have ?

a) 12 Commissioners
b) 17 Commissioners
c) 25 Commissioners
d) 28 Commissioners

2: D

Since July 2013: 28 Commissioners

Article 17 (4) TEU

Protocol No 36 on transitional provisions

3
As of 1 November 2014 the Commission will have

a) a minimum of 27 members
b) one member per Member State
c) a number of members, determined by the Council, acting unanimously
d) a number of members, corresponding to two thirds of the number of Member States, unless
the European Council decides to alter this number

3: B
The Lisbon Treaty would originally have provided for a number of Commission members of
two-thirds of MS from 1 November 2014.
The European Council decided, before the second Irish referendum on the Lisbon Treaty, in
2009, to keep one Commission member per country (Article 17(5) TEU)

4
Which of the following statements is false? The European Commission ...

a) must be independent of Member States' governments

b) establishes the preliminary draft of the Union budget
c) has 28 Commissioners
d) takes decisions by a qualified majority

4: D
Article 250 TFEU:
" The Commission shall act by a majority of its Members. "

This establishes the principle of collegiate responsibility.

5
How are decisions of the Commission made?
By simple majority
Unanimously
By the approval of the President of the Commission
By simple majority and the approval of the President of the Commission
By a 60% majority

5: A
Art 250 TFEU:
"The Commission shall act by a majority of its Members.
Its Rules of Procedure shall determine the quorum."

6
What does Art 245 TFEU provide with regard to Commissioners?
The Commissioners have to act as instructed by the government of the Member State of their
nationality
The Commissioners have to act as instructed by the European Parliament
The Commissioners shall be completely independent in the performance of their duties
The Commissioners have to act as instructed by the European Council and the European
Parliament
The Commissioners have to act as instructed by the European Council

6: C
The Commissioners shall be completely independent in the performance of their duties

7
Which Institution can dismiss one commissioner of the Commission?
a) the European Union Council
b) the European Parliament
c) the Court of Justice
d) the Commission, after seeking an opinion from the European Parliament

7: C
Art 247 TFEU

Art 17 (6) TEU: A member of the Commission also has to resign if the President so requests
Art 17 (8) TEU: The EP can pass a motion of censure requiring the Commission to resign as a
body

8
The Commission employs...

a) Around 25 000 permanent officials

b) 15 000 permanent officials and 1 800 temporary staff
c) fewer than 10 000 permanent officials
d) 10 000 permanent officials and 5 000 temporary officials

8: A
With more than 24.000 officials, the Commission constitutes the largest of the institutions.

9
Following the EU Treaty, the President of the Commission

a) shall be elected by the European Parliament by a majority of its component members.

b) is appointed by the Council, meeting at the level of Heads of State or Government acting
by a qualified majority on a proposal of the European Parliament
c) is appointed by the Council, meeting at the level of Heads of State or Government acting
by a qualified majority following approval of the European Parliament
d) shall be elected by the European Parliament by a qualified majority of its component
members.

9: A
Article 17 (7) EU Treaty
"7. Taking into account the elections to the European Parliament and after having held the
appropriate consultations, the European Council, acting by a qualified majority, shall propose
to the European Parliament a candidate for President of the Commission. This candidate shall
be elected by the European Parliament by a majority of its component members. If he does
not obtain the required majority, the European Council, acting by a qualified majority, shall
within one month propose a new candidate who shall be elected by the European Parliament
following the same procedure. "

10
Which statement is false? The Commission President...

a) defines the Commission's policy guidelines

b) adopts the Commission's meeting agenda
c) is unanimously appointed by the European Council
d) participates in European Council meetings.

10: C
Article 17 TEU
The European Council acting by a qualified majority proposes to the European Parliament a
candidate for President of the Commission.
The President is elected by the European Parliament by a majority of its component
members.
11
According to the EU Treaty, the President of the Commission's mandate

a) is 2 years
b) is 3 years
c) is 4 years
d) is 5 years

11: D
Article 17 (3) TEU: The Commission's term of office shall be five years.

12
According to the EU Treaty, who represents the European Union in matters of common
foreign and security policy (CFSP)?

a) the President of the Commission

b) the High Representative of the Union for Foreign Affairs and Security Policy
c) the President of the Council
d) the President of the European Parliament

12: B

Article 27 (2) TEU

The High Representative (HR) shall preside over the Foreign Affairs Council and shall be one
of the Vice-Presidents of the Commission (Art 18 TEU).

13
According to the Lisbon Treaty, the High Representative (HR) for Foreign Affairs and
Security Policy ...

a) shall be appointed by the Council acting unanimously

b) is also vice-president of the Commission
c) shall be assisted by the President of the Commission
d) shall be appointed by the Council on a proposal of the European Parliament

13: B
Article 18 (4) TEU:
"The High Representative shall be one of the Vice-Presidents of the Commission. He shall
ensure the consistency of the Union's external action. He shall be responsible within the
Commission for responsibilities incumbent on it in external relations and for coordinating
other aspects of the Union's external action. In exercising these responsibilities within the
Commission, and only for these responsibilities, the High Representative shall be bound by
Commission procedures to the extent that this is consistent with paragraphs 2 and 3. "

14
The Commissioner in charge of competition policy is:

a) Margrethe Vestager
b) Peter Mandelson
c) Karel Van Miert
d) Neelie Kroes

14: A
The Commission has an important policing and regulating function in relation to competition
policy, particularly in monitoring state subsidies, under Article 108 TFEU.

15
The Statistical Office is:

a) a specialised Commission department

b) directly supervised by the Council
c) a specialised Council agency
d) an independent institution

15: A
http://epp.eurostat.ec.europa.eu

16
The powers to initiate Union legislative acts belong to ...
a) jointly the Council and the Commission
b) jointly the Member States and the Commission
c) jointly the European Parliament and the Commission
d) the Commission alone

16: D

Art 17 (2) TEU: Union legislative acts may only be adopted on the basis of a Commission
proposal, except where the Treaties provide otherwise.

17
The Commission's MAIN role in the EU's legislative process is to act as joint legislator with
the Council of the EU.
True
False

17: B
The Commission's main role in the EU's legislative process is to initiate/propose legislation.

The Commission forms together with the EP and the Council the so-called legislative
triangle.

18
Which Institution sees to application of Union law?

a) the Council
b) the Commission
c) The Court of Justice
d) The European Council

18: B
As the guardian of the Treaties the Commission ensures that the Member States honour their
obligation to give effect to the EU Treaties and the implementing legislation.
This role is discharged both through political contact and, if need be, by the initiation of
proceedings against Member States by Art 258 TFEU.

19
Which of the following statements is true about the Commission's direct legislative power?

The Commission has very limited direct legislative power

The Commission can adopt Directives, but otherwise has no direct legislative power
The Commission can adopt Regulations, but otherwise has no direct legislative power
The Commission has an unfettered direct legislative power
The Commission has no direct legislative power

19: A
The Commission has very limited direct legislative power.
For example, Art 106(3) TFEU provides the Commission with a direct legislative power.

1
Each Member State (MS) currently presides the Council for:

A. six months
B. nine months
C. one year
D. eighteen months

1: A
Article 16 (9) TEU

2
The Council of the union has a number of configurations. Which of the following
configurations does not exist?

A. economy and financial affairs

B. agriculture et fisheries
C. environment
D. defence

2: D
Article 16 (6) TEU provides for the Council to meet in different configurations.
The General Affairs Council and the Foreign Affairs Council are especially mentioned.
These configurations are determined by the European Council acting by qualified majority
(Art 236 TFEU).
www.consilium.europa.eu

3
Which Member state (MS) will hold the Council presidency for the second semester of 2015?

A. Poland
B. Slovenia
C. Belgium
D. Luxembourg

3: D
Article 16 (9) TEU provides that all Council configurations, other than the Foreign Affairs
Council, are presided over by one of the Council's Member State representatives, on the basis
of a system of equal rotation.
Article 236 TFEU
Declaration No 9 on Article 16(9) TEU concerning the European Council decision on the
exercise of the Presidency of the Council provides for pre-established groups of three MS for
a period of 18 months..

4
According to the Lisbon Treaty, the High Representative (HR) for Foreign Affairs and
Security Policy ...
A. shall be appointed by the Council acting unanimously
B. shall chair the Foreign Affairs Council
C. shall be assisted by the President of the Commission
D. shall be appointed by the Council on a proposal of the European Parliament

4: B

Besides chairing the Foreign Affairs Council the High Representative is also one of the Vice-
Presidents of the Commission (double hat) Art 18 TEU

5
Mr EURO

A. presides the Council of Finance Ministers

B. presides the informal Council of the Euro group
C. Is elected for a year's mandate
D. is automatically President of the Central European Bank

5: B
Protocol No 14 on the Euro Group
Article 2: " The Ministers of the Member States whose currency is the euro shall elect a
president for two and a half years, by a majority of those Member States. "
Jeroen Dijsselbloem

6
At COREPER II meetings, Member States are represented by:

A. permanent representative at ambassador level

B. deputy permanent representative
C. ambassadors from Member States, accredited to the kingdom of Belgium
D. senior officials of national ministries

6: A
Article 240 (1) TFEU: A committee consisting of the Permanent Representatives of the
Governments of the MS shall be responsible for preparing the work of the Council and for
carrying out the tasks assigned to it by the latter.

7
The Council is also referred to as the Council of Ministers (or the Council of the European
Union). Who are the members of the Council of the EU?
Civil servants from the 28 Member States
A representative from each of the 28 Member States at ministerial level, who is authorised to
commit the government of that Member State
Elected representatives from the 28 Member States
Members of the European Commission and the European Parliament
Heads of government of the 28 Member States

7: B
Art 16(2) TEU:
" The Council shall consist of a representative of each Member State at ministerial level, who
may commit the government of the Member State in question and cast its vote."

8
What are the different voting mechanisms used by the Council of the EU?

Unanimity, qualified majority and simple majority

Simple majority
Unanimity and qualified majority
Qualified majority and simple majority
Unanimity and simple majority

8: A
Unanimity, qualified majority (QMV) and simple majority

Art 16 (3) TEU: The Council shall act by a qualified majority except where the Treaties
provide otherwise.

9
Since 1 July 2013 until in principle 31 October 2014, the qualified majority at the Council
was reached when:

A. the decision gets a favourable vote from two thirds of Member States
B. the number of votes is a minimum 75 % of all votes
C. the decision on the Commission's proposal gets a minimum of 260 votes from at least the
majority of Member States
D. the decision on the Commission's proposal gets a favourable vote from Member States
representing 65 % of the European population

9: C
Since July 2013 the qualified majority is set at 260 votes out of a total of 352
QMV = Qualified majority voting
Article 16 TEU
Article 3 (3) of Protocol No 36 on transitional provisions

10
If a legislative instrument which has been proposed by the Commission may be adopted by
the Council of the EU acting by a qualified majority, a minimum of ... votes out of 352 was
required to ensure its adoption till in principle 31 October 2014.
Article 3 (3) of Protocol No 36 on transitional provisions

10
If a legislative instrument which has been proposed by the Commission may be adopted by
the Council of the EU acting by a qualified majority, a minimum of 260 votes out of 352 are
required to ensure its adoption.

11
If a legislative instrument which has not been proposed by the Commission may be adopted
by the Council of the EU acting by a qualified majority, what were, till in principle 31
October 2014, the voting requirements to ensure its adoption?

18 votes out of 27 and cast by 60% of the Member States

245 votes out of 355 and cast by 60% of the Member States
67 votes out of 82 and cast by 2/3rds of the Member States
260 votes out of 352 and cast by 2/3rds of the Member States
62 votes out of 87 and cast by 2/3rds of the Member States

11: D
260 votes out of 352 and cast by 2/3rds of the Member States

Article 3 (3) of Protocol No 36 on transitional provisions

12
Art 238 (2) TFEU provides that as from 1 November 2014, where the Council does not act on
a proposal from the Commission, qualified majority shall be defined as at least 72 % of the
members of the Council, representing Member States comprising at least ... % of the EU's
population voting in favour of the instrument.

12
Art 238 (2) TFEU provides that as from 1 November 2014, where the Council does not act on
a proposal from the Commission, qualified majority shall be defined as at least 72 % of the
members of the Council, representing Member States comprising at least 65 % of the EU's
population voting in favour of the instrument.
What was the Schuman Plan?

A plan to pool the coal and steel resources of Germany, France, Italy and the Benelux
countries, managed by a supranational body

Which countries did the Schuman Plan initially involve?

France and Germany

Which industries or sectors of the economy did the Schuman Plan propose to link?

Coal and steel

AD

The European Coal and Steel Treaty no longer exists. True or False?

True. The European Coal and Steel Treaty expired in 2002, but the EC Treaty (now TFEU)
assumed all tasks, obligations, and duties arising under it.

What was the Pleven Plan?

A plan to create a European Defence and Political Community. It was rejected by France.

True or false? The same six nations that agreed the European Coal and Steel Community
(ECSC) Treaty went on to sign the Treaties of Rome establishing the European Economic
Community and the European Atomic Energy (Euratom) Community.

True. France, Germany, Italy, Belgium, the Netherlands, and Luxembourg signed the treaties
in 1957.

What does 'Intergovernmentalism' mean?

'Intergorvernmentalism' means cooperation or agreement at the level of, or between, nation

states.

What does 'Supranationalism' mean?

'Supranationalism' means international cooperation or integration in which decision making is

above the level of member States and which decisions override national rules.

True or False? The ultimate goal of the European Union is federal and political union.

False. The ultimate goal has never been included in the treaties, which have spoken of an
ever-closer union. This is a topic that has been subject to heated political debate. Its ultimate
destination is far from clear

What are the 'Luxembourg Accords'

The 'Luxembourg Accords' are an agreement to disagree about majority and unanimous
voting. Essentially, France was not willing to proceed to majority voting when the other five
member States were and the Accords were the compromise agreed to allow the Communities
to continue with business.

What is the Single European Act?

The first treaty to make substantial amendments to the then three existing Treaties

True or False? The 'widening' and 'deepening' of the Communities (now Union) refers,
respectively, to the expansion in the number of member States and the degree of integration
undertaken by those member States.

True

What is the 'European Economic Area'?

It is the area comprising the EU and a number of European Free Trade Association (EFTA)
member States.

True or False? In 1995, Austria, Finland, Norway, and Sweden joined the EU.

False. Norway decided not to join at the last moment after a referendum of the electorate

What happened following the 2007 expansion?

Croatia joined in 2013 and Turkey, Iceland, Macedonia, Montenegro and Serbia are candidate
countries for possible further expansion and other countries may also be considered in the
future

To what does the 'acquis Communautaire' refer?

The accumulated body of EU law, including treaties, secondary legislation, and judicial
developments

True or False? The Single European Act (SEA) was concerned only with the completion of
the Single Market.

False. While that was the main thrust of its aims, it was also very much concerned with
institutional reform and the expansion of policies pursued by the Communities (now Union).

The 1993 Treaty on European Union was also known as the 'x' Treaty?

Maastricht

True or False? The most important treaties have their own name and also carry the name of
the city in which the member States agreed them, which can be confusing. Some amending
treaties are only known by the city: for example, those of Amsterdam and Nice.
True

What was the principal change introduced by the Maastricht Treaty on European Union?

Preparation for a single Economic Monetary Union, complete with a single currency. The
principal change introduced by the Maastricht Treaty was the preparation for a single
Economic Monetary Union, complete with a single currency It did also make numerous other
changes as well

True or False? The Constitutional Treaty was rejected by the member States in 2004.

False. In 2004, all the member States as the Council of Ministers accepted it, but in 2005, the
electorates of France and the Netherlands rejected it. The member States later abandoned it in
2007 and the Lisbon Reform Treaty was agreed to replace it.

In order for a treaty to enter into legal force and be binding on all member States, by what
must it be ratified?

All of the Member States must ratify it.

Complete the following sentence: The 2007 Lisbon Treaty

makes extensive amendments and renames the existing treaties.

(The Lisbon Treaty retains most of the changes in the Constitutional Treaty, but instead
amends and renames the existing treaties.)

Which Treaty created the European Economic Community?

The Treaty of Rome

How would you describe the structure of the European Union, as set up by the Treaty on
European Union 1992?

A three-pillar structure.

What term is often applied to the complex and fragmented constitutional structure established
by the Treaty on European Union 1992?

A Europe of variable geometry

What is meant by 'subsidiarity'?

Where decisions or action are taken at Union level, rather than at national, regional, or local
level, this must be justified.

(Subsidiarity is a general principle of Union law. This principle is intended to ensure that
decisions are taken as closely as possible to the citizen.)
What is the composition of the Council?

Ministers of the Member States.

(The Council comprises ministers of the Member States. Its membership changes according
to the matter under discussion, for instance it comprises national ministers of agriculture if
agriculture is the topic under discussion. Unlike members of the European Commission, who
are required to act independently of national governments, members of the Council represent
national interest. The Presidency of the Council is held by each Member State, in turn, for six
months.)

How does qualified majority voting currently operate?

Qualified majority voting operates as a system of weighted voting. The larger the Member
State, the more votes it holds, ranging from 29 (for Germany, France, Italy, and the UK)
down to three (for Malta).

What is the composition of the European Commission?

Individuals who are nominated by the President of the Commission and Member States and
approved by Member States and the European Parliament

(Unlike Council members, Commissioners are not representatives of the respective Member
States. They must be completely independent, neither seeking nor taking instructions from
their governments, and Member States must not seek to influence them.)

What is a key feature of a directive?

A directive must be implemented by Member States.

(A directive is a form of European Union secondary legislation. Article 288 TFEU describes a
directive as 'binding as to the result to be achieved, upon each Member State to which it is
addressed, but leaving to the national authorities the choice of form and methods'. This means
that directives, which are set out in general terms, must be implemented by Member States
through the adoption of detailed measures, usually by national legislation. Directives specify
the deadline by which implementation must be completed.)

What is Proportionality?

It is a general principle of law by The EU legal order. The principle of proportionality

requires that actions taken or measures adopted, whether by Member States or the EU
institutions, go no further than is necessary to achieve their objective

What is meant by the 'legal base' of an EU measure?

The Treaty article conferring the power to legislate in a particular area

Who are the founding members of the EU

Belgium, France, Germany, Italy, Luxembourg, Netherlands

Five things you need to know about the Maastricht Treaty

1. It established the European Union

2. It was signed by 12 countries
3. It laid the foundations for the euro
4. It introduced the criteria that countries must meet to join the euro
5. It was a giant leap forward for European integration

Treaty of Lisbon

The Treaty of Lisbon is an international agreement that amends the two treaties which form
the constitutional basis of the European Union. The Treaty of Lisbon was signed by the EU
member states on 13 December 2007, and entered into force on 1 December 2009

What date did the UK vote to leave the EU?

23 June 2016: UK voted to leave the EU

What date did the UK PM trigger Art. 50 TEU?

29 March 2017: PM triggered Art. 50 TEU

What date is the UK no longer a member of the EU?

30 March 2019: UK is no longer member of the EU. EU law expected to apply for a
transitional period

True or False? The EU is not a state?

True. The EU is an association of sovereign states with supranational institutions and

intergovernmental leadership.

EU mission today?

The EU now has a double-dimensioned mission:

Need for managing increasing global problems: climate change, migration, terrorism, internet
governance

The development of a new relationship between the member states, the citizens and the EU
(alternative model to US and China which are superstates)
CETA?

Comprehensive Economic and Trade Agreement.

It is a free-trade agreement between Canada, the European Union and its member states. It
has been provisionally applied, so the treaty has eliminated 98% of the tariffs between
Canada and the EU. The negotiations were concluded in August 2014

21 September 2017 - provisionally entered in force

Possible model for Britain

Art 50 TEU

Any Member State may decide to withdraw from the Union in accordance with its own
constitutional requirements

The Treaties shall cease to apply to the State in question from the date of entry into force of
the withdrawal agreement or, failing that, two years after the notification, unless the
European Council, in agreement with the Member State concerned, unanimously decides to
extend this period

Miller: The Supreme Court

Held: No prerogative power to trigger Art 50

- Reasoning: EU law has become a source of UK law (via ECA)

- Referendum only political

- The bullet theory

Lord Reed, dissenting: EU separate system of law, ECA only gives it effect

Miller: The Supreme Court (2)

Held: No agreement of the devolved legislatures needed

Reasoning: The Sewel convention is not law

Scotland Act 2016: The UK Parliament will not normally legislate with regard to devolved
matters without the consent of the Scottish Parliament
European Union (Withdrawal) Act

26 June 2018

Repeals ECA on the Brexit Date

Introduces the EU legislation into national law

Give ministers power to make secondary legislation

Ceases the jurisdiction of EU Courts

Parliamentary vote on the Withdrawal Agreement

Main institutions of the EU

1. The European Council

2. European Commission
3. European Parliament
4. The Council

Maximum number of the European Parliament representatives

Article 14. 2 TEU

750 + the president

Maximum and minimum amount of seats per Member State

Article 14. 2 TEU

6 and 96

Elections of the European Parliament

Art 14. 3 TEU

The members of the European Parliament shall be elected for a term of five years by direct
universal suffrage in a free and secret ballot.

European Parliament Powers

Article 14. 1 - TEU

The European Parliament shall, jointly with the Council, exercise legislative and budgetary
functions. It shall exercise functions of political control and consultation as laid down in the
Treaties. It shall elect the President of the Commission.

The Parliament & Brexit

Article 50

The Agreement shall be negotiated in accordance with Article 218(3) of the TFEU. It shall be
concluded on behalf of the Council, acting by qualified majority, after obtaining the consent
of the European Parliament.

What is the role of the European Council?

Article 15 (1)

The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political directions and priorities thereof. It shall not
exercise legislative functions.

What is the role of the Council

Article 16 (1)

The Council shall, jointly with the European Parliament, exercise legislative and budgetary
functions. It shall carry out policy-making and coordinating functions as laid down in the
Treaties.

The European Council composition

Article 15 (2)

The European Council shall consist of the Heads of State or Government of the Member
States, together with its President and the President of the Commission. The High
Representative of the Union for Foreign Affairs and Security Policy shall take part in its
work.

The Council composition

Article 16 (2)

The Council shall consist of a representative of each Member State at ministerial level, who
may commit the government of the Member State in question and cast its vote.

The European Council meetings

• Article 15 (3)

The European Council shall meet twice every six months, convened by its President. When
the situation so requires, the President shall convene a special meeting of the European
Council.

The Council meetings

Article 16 (6)

The Council shall meet in different configurations,

The General Affairs Council shall ensure consistency in the work of the different Council
configurations.

(8) The Council shall meet in public when it deliberates and votes on a draft legislative act.

The European Council Presidency

Article 15 (5)

The European Council shall elect its President, by a qualified majority, for a term of two and
a half years, renewable once. In the event of an impediment or serious misconduct, the
European Council can end the President's term of office in accordance with the same
procedure.

The Council Presidency

Article 16 (9)

The Presidency of Council configurations, other than that of Foreign Affairs, shall be held by
Member State representatives in the Council on the basis of equal rotation, in accordance
with the conditions established in accordance with Article 236 of the Treaty on the
Functioning of the European Union.

The European Council decision-making

Article 15 (4)

Except where the Treaties provide otherwise, decisions of the European Council shall be
taken by consensus.

The Council decision-making

Article 16 (3)

The Council shall act by a qualified majority except where the Treaties provide otherwise.

The Council of the European Union & Brexit

Article 50 (2)

A Member State which decides to withdraw shall notify the European Council of its
intention. In the light of the guidelines provided by the European Council, the Union shall
negotiate and conclude an agreement with that state

It (the agreement) shall be concluded on behalf of the Union by the Council, acting by
qualified majority, after obtaining the consent of the European Parliament.

(4) The member of the European Council or of the Council representing the withdrawing
state shall not participate in the discussions ...or in decisions concerning it.
Sources of EU Law

1. Treaties
2. EU Legislation
3. Soft Law
4. International Treaties/Agreements
5. Case Law of the CJEU

Primary EU Law

Treaties

The Treaties

1. 1952 - ECSC
2. 1958 - Treaty of Rome
3. 1987 - European Single Act
4. 1993 - Maastricht Treaty/TEU
5. 1999 - Treaty of Amsterdam
6. 2003 - Treaty of Nice
7. 2009 - Treaty of Lisbon

Importance of Treaties (Case)

Van Gend en Loos

EU Constitutional Charter

1. Treaty on the EU
2. Treaty on the Functioning of the EU
3. Charter of Fundamental Rights

Charter of Fundamental Rights

- Signed in 2000 but became binding in 2009

- Binding for all the EU's activities
- Made of 54 Articles divided into 6 Titles

Titles of CFR

1. Dignity
2. Freedoms
3. Equality
4. Solidarity
5. Citizen's Rights
6. Justice
Article 288(1) TFEU

To exercise the Union's competences, the institutions shall adopt regulations, directives,
decisions, recommendations and opinions

Role of Secondary EU Law

- Build on and flesh out the provisions of the Treaties

- Subordinate to primary sources
- Cannot amend, repeal or alter the scope of the Treaties

Article 288(2) TFEU

A regulation shall have general application. It shall be binding in its entirety and directly
applicable in all Member States

Fratelli Variola

- Direct applicability means a Regulation's entry into force is "independent of any measure of
reception into national law."
- MS are under a duty "not to obstruct" direct applicability
- Direct applicability is "an indispensable condition of the simultaneous and uniform
application" of Regulations

Art 288(3) TFEU

A directive shall be binding, as to the result to be achieved, upon each Member State to which
it is addressed, but shall leave to the national authorities the choice and form of methods

Implementation of Directives

- No direct implementation (national implementation)

- Member States must fully implement Directives in their national law by a set time limit -
normally 2 years
- Failure to implement or improper implementation can lead to infringement proceedings
being launched by the European Commission against the offending Member State under Art.
258 TFEU
- May also lead to direct or indirect effect of the Directive or state liability

Art 288(4) TFEU

A decision shall be binding in its entirety. A decision which specifies those to whom it is
addressed shall be binding only on them

Art 288(5) TFEU

Recommendations and opinions shall have no binding force

Role of Soft Law

- Provide guidelines and norm-setting in fields excluded from harmonisation

- Adjust institutional expectations
- Persuasive authority

Grimaldi

"[N]ational courts are bound to take ... recommendations into consideration in order to decide
disputes submitted to them, in particular where they are capable of casting light on the
interpretation of other provisions of national or [Union] law."

Supplementary Sources of EU Law

- Case Law of the CJEU

- International Treaties/Agreements

Role of Generals-Advocate

Analyse legal aspects of the case in detail and provide an opinion to the CJEU setting out the
response which they consider should be given by the court

Arts 216-217 TFEU

-International agreements concluded by the EU with third countries or international

organisations are binding upon the EU institutions and all Member States
- International treaties are binding on all Member States where the EU has assumed all the
responsibilities and powers of Member States

Art 13 TEU

Tasks entrusted to EU shall be carried out by 7 institutions

Institutions of the EU

1. European Parliament
2. European Council
3. Council of the EU
4. European Commission
5. Court of Justice of the EU
6. European Central Bank
7. Court of Auditors

AD

European Parliament Background

- Established as the ECSC Common Assembly in 1952 and became the European Parliament
in 1962
- Largest multinational parliament in the world, representing over 500 million citizens

Art 14(2) TEU

The European Parliament shall be composed of representatives of the Union's citizens. They
shall not exceed seven hundred and fifty in number, plus the President. Representation of
citizens shall be degressively proportional, with a minimum threshold of six members per
Member State. No Member State shall be allocated more than ninety-six seats

Council Decision 2002/772/EC

- Proportional representation
- Direct universal suffrage
- Secret and free elections

Parliament Elections

- First direct elections held in 1976

- Held every 5 years

President of Parliament

- The Parliament elects him, who serves for a two and a half year term, renewable once
- Currently David Sassoli - elected in July 2019
- Supported by 14 vice-presidents

MEPs Political Groups

- GUE/NGL [Nordic Green Left] (41)

- S&D [Progressive Alliance of Socialists and Democrats] (154)
- Greens/EFA [Greens/European Free Alliance] (74)
- Renew Europe [Renew Europe] (108)
- EPP [Europeans Peoples's Party] (182)
- ECR [European Conservatives and Reformists] (62)
- ID [Identity and Democracy] (73)
- NI [Non-affiliated members] (57)

Legislative Role of Parliament

Co-legislator alongside the Council

Budgetary Role of Parliament

- Can amend compulsory and non-compulsory expenditure

Supervisory Role of Parliament

- Approves of the Commission

- Elects Commission President
- Requesting Commission to resign
- Asking Commission questions to be answered
- Setting up Committees of Inquiry
- Electing European Ombudsman

European Council Background

- One of the newest institutions of the EU

- Has been unofficially meeting since the 1970's
- Formally recognized in the SEA
- Formed in 2009 under the Treaty of Lisbon

Art 15(2) TEU

The European Council shall consist of the Heads of State or Government of the Member
States, together with its President and the President of the Commission. The High
Representative of the Union for Foreign Affairs and Security Policy shall take part in its work

Art 15(5)-(6) TEU

President is elected by the European Council by qualified majority - they sit for 2.5 year term,
renewable once

Art 15(1) TEU

The European Council shall provide the Union with the necessary impetus for its
development and shall define the general political directions and priorities thereof. It shall not
exercise legislative functions

Role of the European Council

- High level executive role

- Sets the broad priorities and aims of the EU
- Handles sensitive/complex problems not suitable for other institutions

Council of the EU

Aka Council of Ministers

Art 16(2) TEU

The Council shall consist of a representative of each Member State at ministerial level, who
may commit the government of the Member State in question and cast its vote (no fixed
membership)

Art 237 TFEU

Council meetings are held when convened by the President of the Council or at the request of
the Commission

President of the Council of the EU

- Held by MS
- Lasts 6 months
- Use of triads

Roles of Council of the EU

- Co-legislator with Parliament

- Shares budgetary role of Parliament
- Takes decisions for implementing Common Foreign and Security Policy

European Commission

- Institution with the weakest separation of powers

- Civil service of the EU

Art 17(4) TEU

The Commission appointed between the date of entry into force of the Treaty of Lisbon and
31 October 2014 shall consist of one national of each Member State, including its President
and the High Representative of the Union for Foreign Affairs and Security Policy who shall
be one of its Vice-Presidents

Council Decision 2013/272/EU

Keeps the current composition of the Commission

Art 17(3) TEU

The members of the Commission shall be chosen on the ground of their general competence
and European commitment from persons whose independence is beyond doubt

Art 17(7) TEU

Suggestions for Commissioners made by Member States. The Council and President adopt a
list of proposed commissioners which Parliament can then vote to accept or refuse

President of the Commission

- President is indirectly elected - appointment process set out in Art. 17(7) TEU
- European Council proposes a candidate to the European Parliament - should take into
account the elections to the Parliament
- European Parliament votes on whether or not to accept that candidate
- If candidate rejected, European Council has one month to suggest a new candidate

Art 17(1) TEU

The Commission shall promote the general interest of the Union and take appropriate
initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted
by the institutions pursuant to them. It shall oversee the application of Union law under the
control of the Court of Justice of the European Union. It shall execute the budget and manage
programmes. It shall exercise coordinating, executive and management functions, as laid
down in the Treaties. With the exception of the common foreign and security policy, and
other cases provided for in the Treaties, it shall ensure the Union's external representation. It
shall initiate the Union's annual and multiannual programming with a view to achieving
interinstitutional agreements.

Administrative/Executive Functions of the Commission

- Manages the EU budget

- Negotiates trade and cooperation agreements with countries/organisations outside the EU
- Represents the EU at the UN and WTO

Legislative Function of the Commission [Art 17(2) TEU]

- Union legislative acts may only be adopted on the basis of a Commission proposal, except
where the Treaties provide otherwise. Other acts shall be adopted on the basis of a
Commission proposal where the Treaties so provide
- Initiates draft legislation, which is sent to Council and Parliament to approve under ordinary
legislative procedure.

Art 258 TFEU

- Judicial Functions of the Commission

- Enforcement actions for breach of EU law brought by Commission against offending
Member States
- Investigator and judge of breaches in competition and state aid cases

CJEU Background

- Established in 1952 for the ECSC

- Responsible for interpreting and enforcing EU law

Art 19(1) TEU

- The Court of Justice of the European Union shall include the Court of Justice, the General
Court and specialised courts. It shall ensure that in the interpretation and application of the
Treaties the law is observed.- Court of Justice of the EU (CJEU)
- Appeal right on points of law from the GC to the CJEU
- Previously also an EU Civil Service Tribunal - merged with the GC on 1st Sep 2016

Art 19(2) TEU

- The Court of Justice shall consist of one judge from each Member State
- It shall be assisted by Advocates-General
- The General Court shall include at least one judge per Member State
- The Judges and the Advocates-General of the Court of Justice and the Judges of the General
Court shall be chosen from persons whose independence is beyond doubt and who satisfy the
conditions set out in Articles 253 and 254 of the [TFEU] [i.e. who possess the qualifications
required for appointment to the highest judicial offices in their respective countries or who
are jurisconsults of recognised competence]. They shall be appointed by common accord of
the governments of the Member States for six years ...

Actions of the CJEU

- Direct action (e.g. Commission v Member State)

- Preliminary rulings (request by a national court relating to interpretation or validity of EU
law)

Arts 225 & 241 TFEU

Parliament and Council may request the Commission to submit proposals

Art 294 TFEU

Ordinary Legislative Procedure

1. Proposal from Commission
2. First Reading
3. Second Reading
4. Conciliation
5. Third Reading

Art 11(4) TEU

- European Citizens Initiative

- Requires 1 million signatures
- Must represent at least 7 MS
- Gives citizens powers similar to the Council and Parliament

Art 293 TFEU

Where, pursuant to the Treaties, the Council acts on a proposal from the Commission, it may
amend that proposal only by acting unanimously, except in the cases referred to in paragraphs
10 and 13 of Article 294 [conciliation and third reading - when method is instead qualified
majority]

Art 293(2) TFEU

Commission can voluntarily amend proposals before the conclusion of the Council's first
reading stage

Double Majority Rule

- Followed by Qualified Majority Voting

- Used by Council since November 2014
- Requires 55% of MS vote (16/28)
- Must represent 65% of EU citizens
- Blocking minority must be at least 4 MS representing more than 35% of EU population

Art 289(2) TFEU

In the specific cases provided for by the Treaties, the adoption of a regulation, directive or
decision by the European Parliament with the participation of the Council, or by the latter
with the participation of the European Parliament, shall constitute a special legislative
procedure

Consultation

- Special Legislative Procedure

- Council adopts a legislative proposal after the Parliament has submitted its opinion on it

Roquette Freres v Council

The Council must wait for Parliament to provide a response

European Parliament v Council (1994)

Parliament should be re-consulted if there are important changes to the measure

Art 5(1) TEU

The limits of Union competences are governed by the principle of conferral. The use of
Union competences is governed by the principles of subsidiarity and proportionality

Art 5(2) TEU

- Under the principle of conferral, the Union shall act only within the limits of the
competences conferred upon it by the Member States in the Treaties to attain the objectives
set out therein
- Competences not conferred upon the Union in the Treaties remain with the Member States

Competence

- Responsibility for decision making in a particular policy area

- Treaty Articles generally confer it on particular body for a particular purpose
- Scope is determined by the CJEU

Difficulty to Define Scope of Competence

- MS fear encroachment on sovereignty

- EU citizens fear lack of democratic oversight
- Commission fear stalling of integration

Express Competence

Competence is set out in a Treaty provision

Implied Competence

- The existence of a power may imply the existence of any other powers which are reasonably
necessary to ensure the exercise of the original power

Art 2(1) TFEU

When the Treaties confer on the Union exclusive competence in a specific area, only the
Union may legislate and adopt legally binding acts, the Member States being able to do so
themselves only if so empowered by the Union or for the implementation of Union acts

Art 3 TFEU

1. The Union shall have exclusive competence in the following areas:

- Customs union;
- Establishing the competition rules necessary for the functioning of the internal market;
- Monetary policy for the Member States whose currency is the euro;
- Conservation of marine biological resources under the common fisheries policy;
- Common commercial policy
2. The Union shall also have exclusive competence for the conclusion of an international
agreement when its conclusion is provided for in a legislative act of the Union or is necessary
to enable the Union to exercise its internal competence, or in so far as its conclusion may
affect common rules or alter their scope.

Categories of Competence
1. Exclusive Competence
2. Shared Competence
3. Supplementary Competence

Art 2(2) TFEU

When the Treaties confer on the Union a competence shared with the Member States in a
specific area, the Union and the Member States may legislate and adopt legally binding acts
in that area. The Member States shall exercise their competence to the extent that the Union
has not exercised its competence. The Member States shall again exercise their competence
to the extent that the Union has decided to cease exercising its competence.

Art 4(1) TFEU

Shared competence is the default

Art. 4(3) and 4(4) TFEU

Gives MS power to act regardless in certain areas e.g. research

Art 2(5) TFEU

In certain areas and under the conditions laid down in the Treaties, the Union shall have
competence to carry out actions to support, coordinate or supplement the actions of the
Member States

Art 6 TFEU

The Union shall have competence to carry out actions to support, coordinate or supplement
the actions of the Member States. The areas of such action shall, at European level, be:
- Protection and improvement of human health
- Industry
- Culture
- Tourism
- Education, vocational training, youth and sport
- Civil protection
- Administrative cooperation

General Competences

- Art 352 TFEU - action necessary to attain objectives of the EU

- Art 114 TFEU - Approximation of laws directly affecting the establishment or functioning
of the internal market

Legal Basis
Any law made by the EU must cite the provision which sets out the power to make that law

More than one Legal Basis?

If the aims are inextricably linked that a predominant purpose cannot be ascertained, and
where the two legal basis provide for different procedures to be followed - CJEU to decide -
usually whichever gives a greater role to Parliament

Tariff Preferences Case

- Legislation must make it clear what legal basis it is based on

- "The choice of the legal basis for a measure may not depend simply on an institution's
conviction as to the objective pursued but must be based on objective factors which are
amenable to judicial review"
- Here, the correct legal basis was that preferred by the Commission - regulations were
annulled

Art 5(3) TEU

Under the principle of subsidiarity, in areas which do not fall within its exclusive
competence, the Union shall act only if and in so far as the objectives of the proposed action
cannot be sufficiently achieved by the Member State, either at central level or at regional and
local level, but can rather, by reason of the scale or effects of the proposed action, be better
achieved at Union level

Benefits of Principle of Subsidiarity

- Maintains integrity of the EU

- Allows participation of national authorities in decision making
- Maintains balance of power between EU and MS
- Enhances democratic legitimacy

Protocol No. 2 on the Application of the Principles of Subsidiarity and Proportionality

- National parliaments are the guardians of the principle of subsidiarity

- Parliaments can require a draft to be reviewed where its adherence to subsidiarity is in
question - "yellow card process" - has only led to withdrawal of one piece of legislation
("Monti II" Regulation in 2012)
- CJEU may also review the validity of legislative acts on the grounds that there has been a
breach of the principle of subsidiarity

Art 5(4) TEU

Under the principle of proportionality, the content and form of Union action shall not exceed
what is necessary to achieve the objectives of the Treaties
R v Intervention Board, ex parte Man (Sugar)

- In order to establish whether or not a provision of Union law is in conformity with the
principle of proportionality it is necessary to ascertain whether the means which it employs
are appropriate and necessary to attain the objective sought
- Although the Commission was entitled to impose a penalty, forfeiture of the whole security
was too severe - penalty should have been more closely connected to the real consequences
of failure to meet time limit.

R v Secretary of State for Health, ex p British American Tobacco (Investments) Ltd and
Imperial Tobacco Ltd

The Union legislature must be allowed a broad discretion in an area such as that involved in
the present case, which entails political, economic and social choices on its part, and in which
it is called upon to undertake complex assessments. Consequently, the legality of a measure
adopted in that sphere can be affected only if the measure is manifestly inappropriate having
regard to the objective which the competent institution is seeking to pursue

Art 26(2) TFEU

The internal market shall comprise an area without internal frontiers in which the free
movement of goods, persons, services and capital is ensured

Theory of Comparative Advantage

Countries benefit from specialising in (and exporting) goods and services in which they have
relative advantage, and they benefit from importing goods and services in which they have a
relative disadvantage

Benefits of Free Trade

- Business benefits of specialisation

- Competition
- Political benefits

Protectionism

- State seeks to protect national goods or labor rather than importing

- Support national industry
- Promote social or environmental aims
- Political concerns/national pride

Negative Harmonisation

- Pre-1986
- Prohibit national rules which hinder free trade
- Reinforced by mutual recognition
- Advantages:
1. Market access improved
2. National regulatory diversity
- Disadvantages:
1. Focus on removal of obstacles
2. Race to the bottom (Delaware effect)
3. Mandatory public interest requirements justifying restrictions

Mutual recognition

Guarantees that any product lawfully sold in one EU country can be sold in another, even if
the product does not fully comply with the technical rules of the other country

Cassis de Dijon (1978)

- Blackcurrant drink produced in France

- German authorities made it difficult to import
- France claimed restrictions were contrary to EU law
- CJEU established principle of mutual recognition
- As Cassis was validly produced in France, it had be accepted and could be lawfully sold in
Germany

Positive Harmonisation

- Post-1986
- Set EU wide standards for products/services

SEA 1986 and Harmonization

- New procedures designed to facilitate legislation to complete internal market

- Article 26 and 114 TFEU - facilitating the passage of harmonisation measures

Council Resolution 85/C 136/01

- New approach
- Only harmonise essential requirements

Types of Harmonisation

1. Exhaustive/Total Harmonisation
2. Minimum Harmonisation

Exhaustive/Total Harmonisation

EU sets out all the requirements that a product must meet in order for it to be lawfully sold
Dim-Dip Lights Case

Where the EU has exhaustively regulated an area, it is not possible for a MS to legislate for a
stricter standard

Minimum Harmonisation

- Most popular
- Setting minimum standards but leaving MS the discretion to impose higher/stricter rules
provided they comply with the Treaty

Art. 114(1) TFEU

Save otherwise provided in the Treaties, the following provisions shall apply for the
achievement of the objectives set out in Article 26. The European Parliament and the Council
shall, acting in accordance with the ordinary legislative procedure and after consulting the
Economic and Social Committee, adopt the measures for the approximation of the provisions
laid down by law, regulation or administrative action in Member States which have as their
object the establishment and functioning of the internal market

Waste Directive Case

The mere fact that the establishment or functioning of the internal market is affected is not
sufficient for [Art. 114] to apply ... recourse to Art. 114 is not justified where the measure to
be adopted has only the incidental effect of harmonising market conditions within the Union

Tobacco Advertising I

- Art. 114 TFEU does NOT provide the EU legislature with a "general power to regulate the
internal market" (Such a power would be incompatible with Art. 5 TEU)
- Any measure adopted on the basis of Art. 114 TFEU must genuinely have as its object "the
improvement of the conditions for the establishment and functioning of the internal market"
- The mere presence of a disparity between national laws and the "abstract risk" of an
obstacle to trade was NOT enough to justify use of Art. 114 TFEU
- Art. 114 can potentially be used to prevent the emergence of future obstacles BUT the
emergence of those measures must be likely and the measure must be designed to prevent
them.
- It was not allowable to use Art. 114 for the sole purpose of evading the restrictions under
Art. 168(5)
- However, if the conditions of Art. 114 are met, then harmonisation measures might also
lawfully pursue a non-market objective (in this case, protection of public health)

When Does Art 114 Apply?

- Where the measures eliminate obstacles to the exercise of free movement which are likely
to arise from diverse national laws
- Where the measures eliminate appreciable distortions of competition likely to result from
such disparities

Tobacco Advertising II

- On the basis of Art. 114 TFEU, the EU adopted Directive 2003/33/EC, which banned
certain types of tobacco advertising and sponsorship (including advertisements in print, on
radio and on the Internet)
- Art. 114 was valid legal basis
- Directive 2003/33 included a free movement clause - was designed to prevent obstacles to
free movement and remove distortions of competition
- Measure was not disproportionate - limited to certain advertisements

Swedish Match I

- Swedish Match wished to sell snus in the UK, banned under Directive 2001/37/EC
- Where the EU was aiming to prevent obstacles to trade under Art. 114, appropriate
measures could include "definitively prohibiting the marketing of a product"

R (Philip Morris Brands SARL) v Secretary of State for Health

- Directive 2014/40/EU sets out strict standards on the packaging of tobacco products and
prohibits the sale of tobacco products with flavourings. Art. 24(2) of the directive allows MS
to introduce additional packaging requirements
- Philip Morris Brands challenged on the basis of, inter alia, incorrect legal basis and breach
of subsidiarity
Legal Basis:
- Art. 24(2) therefore had to be interpreted as allowing MS to set packaging requirements
only in relation to packaging aspects not covered by the directive
- This could mean that in practice there were barriers to free movement as packaging varied
across MS BUT directive still validly based on Art. 114 as EU had option to choose to
harmonise in stages and did not have to exhaustively harmonise packaging requirements in
this particular directive
Subsidiarity:
- The need to prevent differing rules on the sale of flavoured tobacco in different MS (the
internal market objective) required action at EU level and the interdependence with the public
health objective therefore meant that this too would be better achieved at EU level
- Principle of subsidiarity satisfied

Swedish Match II
- Arts. 1(c) and 17 of Directive 2014/40/EU prohibit entirely the production and supply of
tobacco for oral use.
- Swedish Match challenged the prohibition on principles of subsidiarity and proportionality
Proportionality:
- The relevant standard is not whether the measure "was the only or the best possible
measure" but whether the measure was "manifestly inappropriate"
- In relation to public health, the EU legislature operated under the "precautionary principle"
under which, where there is uncertainty as to the existence or severity of risks to health,
measures can be taken before the reality of the risks become fully apparent.
- In light of the conflicting evidence on the impact of tobacco for oral use, it could not be said
here that the decision to totally prohibit such tobacco was manifestly inappropriate
Subsidiarity
- Even if the[health objective] might be better achieved at the level of the Member States, the
fact remains that pursuing it at that level would be liable to entrench, if not create situations
in which ... some Member States permit the placing on the market of tobacco for oral use,
while other Member States prohibit it, thereby running completely counter to the first
objective of Directive 2014/40 [the internal market objective

Planta Tabak Case

- Further challenge to the flavoured tobacco prohibition under Directive 2014/40/EU

- Claimant alleged that this prohibition breached, the principle of proportionality
- CJEU held there was no breach of proportionality
- The EU legislature enjoys a "broad discretion" in cases which involve "political, economic
and social choices and in which it is called on to undertake complex assessments"
- Here, the EU legislature struck a balance between the requirement to ensure a high level of
protection of human health and the economic consequences of the prohibition of flavoured
tobacco - the prohibition "does not go manifestly beyond what is necessary in order to attain
the objective pursued"

Competence Creep

- Harmonisation in one area generally leads to harmonisation being necessary in other areas
- EU harmonisation can prevent Member States being able to make necessary amendments -
necessitates further EU reform

Problems with Art 114 Cases

- No real limits as a legal basis

-The CJEU has simply provided the EU legislature with an indication of the type of
vocabulary it expects to see when justifying a choice of competence - so long as the
legislature includes this "approved but reliably vague vocabulary" the CJEU has no basis on
which to set the legislation aside

Problems with Principle of Subsidiarity Cases

CJEU is too accepting of impact assessments which have been prepared by the EU to justify
the EU's case - there should be a more intense review of the evidence

Principle of Supremacy

- Developed by ECJ/CJEU
- Directly effective EC/EU law prevails over conflicting national law

Costa v ENEL

- Main authority on doctrine of supremacy

- Supremacy doctrine was developed
- In case of a conflict between EU law and national law, the former takes precedence
EC/EU:
- A new legal order part of the national legal systems
- Power transfer to EC/EU and limitation of national sovereignty
- Treaty spirit and aims
- Principle of loyal co-operation
- Uniformity and effectiveness of EC/EU law

IHG Case

- Precedence of EC/EU law even over national constitutional law

- The status of the domestic law is irrelevant

Simmenthal Case

- Precedence of EC/EU law over any conflicting national rule (prior or subsequent,
substantive or procedural)
- Duty of all national courts to set aside any conflicting national law or practice
- If there is a conflict between EU and national law, courts should not apply the conflicting
national law

Factortame Case

- Duty of national courts to set aside national procedural rules preventing them from giving
effect to EC law
- 'Disapplication' of an Act of Parliament

Seamen Case
- MS must not maintain conflicting national rules even if they are not applied in practice
- For the sake of legal certainty, conflicting rules should be amended/removed
- Can only be kept if it doesn't affect EU members (only affects third nationals)

Kapferer Case

- Res Judicata: Final judicial decisions cannot be challenged or set aside even if contrary to
EC/EU law

Declaration 17 Treaty of Lisbon

- The Conference recalls that, in accordance with well settled case law of the Court of Justice
of the EU, the Treaties and the law adopted by the Union on the basis of the Treaties have
primacy over the law of MS, under the condition laid down by the said case law. The
Conference has also decided to attach as an Annex to this Final Act the Opinion of the
Council Legal Service on the primacy of EC law....
- ....It results from the case law of the Court of Justice that primacy of EC law is a
cornerstone principle of Community law. According to the Court, this principle is inherent to
the specific nature of the European Community. At the time of the first judgement of this
established case law (Costa/ENEL... Case 6/64) there was no mention of primacy in the
Treaty. It is still the case today. The fact that the principle of primacy will not be included in
the future treaty shall not in any way change the existence of the principle and the existing
case law of the Court of Justice

Dualist System

- UK system of recognition
- Act of Parliament required for international treaties to be ratified in the UK

European Communities Act 1972

Act of Parliament led the UK to join the European Economic Community, and made all UK
law 'subject to' directly applicable European law

EU Act 2011

- Regime of Parliamentary and referendum 'locks' on EU Treaty amendments and a range of

other EU decisions
- Constraints on any Treaty amendments extending EU competences
- Inspired by the 'locks' fashioned by Germany
- S 18 - Sovereignty clause: effect of EU law dependent on continuing statutory basis (EC Act
1972)
- But silence on voluntary withdrawal under Art 50 TEU

UK Obstacle to Supremacy
- Parliamentary Sovereignty
- Parliament cannot bind itself for the future
- Doctrine of implied repeal
- Duty of UK courts to apply/interpret but not review or 'disapply' Acts of Parliament
- Dualism: Ratified international treaties cannot become part of domestic law unless
incorporated into an Act of Parliament

UKSC Reaction to Supremacy

- Harmonious construction
- Factortame (No 2)
- EOC
- Thoburn v Sunderland City Council
- Protocol on the application of EU Charter on Fundamental Rights to Poland & the UK
- Reluctant acceptance by HL
- Miller

Harmonious Construction

- Defined by Lord Denning in McCarthy v Smith as the interpretation of any apparently

conflicting provision of national law in conformity with (directly effective) EU law, even
where this would not comply with literal interpretation [dismissed]
- Adopted in Garland v British Rail
- Approach later applied to non-directly effective EU directives

Factortame (No 2) Case

- House of Lords: Supremacy of EU law based on the sovereign Parliament's will

- Not a limitation of Parliament, but as an expression of Parliament
- Voluntary acceptance of limitations on the parliamentary sovereignty (EC Act 1972)
- Duty of UK courts to override any national rule in conflict with directly effective EU law
- UK courts may grant interim relief against Acts of Parliament

EOC Case

- House of Lords: No constitutional barrier to applications for judicial review for breach of
EU law
- UK courts have the jurisdiction to declare primary legislation to be incompatible with EU
law
- Therefore, primary legislation can be set aside

Thoburn v Sunderland City Council (Laws LJ Obiter)

- Judicial "disapplication" of Acts of Parliament reconciled with parliamentary sovereignty
- Supremacy of EU law based on EC Act 1972 and common law
- Parliamentary sovereignty intact but doctrine modified by common law: Exceptions to
implied repeal doctrine
- EC Act 1972 as a common law constitutional statute that can only be expressly
repealed/amended
- Duty to give effect to EU law does not exempt from duty to uphold constitutional rights

Protocol on the application of EU Charter on Fundamental Rights to Poland & the UK

(Annex to Lisbon Treaty)

- It does not grant the UK a general opt-out

- Affirms the limitation of the effect of the Charter by principle of conferral (Arts. 1(1) and 2)
- Only a substantive limit to the application of the Charter (social and labour rights): Art. 1(2)
prevents Title IV ("Solidarity"), from "creating justiciable rights applicable to the UK except
in so far as the UK has already provided for such rights in its national law"

Reluctant Acceptance by HL

- Supremacy as an expression of - rather than limitation on - sovereignty

- Constitutional challenge can be avoided by relying on the intention of the Parliament itself
- Lord Denning in HP Bulmer Ltd v J Bollinger SA (No 2) [1974] EWCA Civ 14: "the EEC
Treaty [the predecessor to the TEU and TFEU] is like an incoming tide. It flows into the
estuaries and up the rivers. It cannot be held back."

Miller Case

- EC Act 1972 is the "conduit pipe" by which EU law is introduced into UK domestic law
- So long as the 1972 Act remains in force, its effect is to constitute EU law as an independent
and overriding source of domestic law
- EC Act 1972 has a constitutional character
- The primacy of EU law means that, unlike other rules of domestic law, EU law cannot be
implicitly displaced by the mere enactment of legislation which is inconsistent with it

Basic Law

- German constitution
- Transfer of sovereign powers to international organisation (Art. 24)
- International treaties ratified by federal law prevail over all other statutes (Art 25 and Art
59(2)

Solange I Case
- The transfer of sovereign powers to the EC must not affect the fundamental rights of the
German Constitution
- So long as the EC does not provide for a level of protection of fundamental rights
equivalent to that guaranteed by the German Constitution, the latter prevails, and
- The FCC can review EC law in the light of the German constitutional rights

Solange II

- The FCC retains a 'reserve power' to review compliance by EC law with the rights of the
German Constitution
- So long as the general level of protection of fundamental rights in EC law (and the ECJ
case-law) does not fall below the standards of the German Constitution, the FCC will not
exercise its jurisdiction

Art 23 Basic Law

- New provision on EU
- Incorporation of 'Solange II' authority
- EU shall guarantee a level of protection of fundamental rights essentially comparable to that
afforded by the German Constitution

Maastricht Decision

- Co-operation between ECJ and FCC on protection of human rights

- FCC intervenes only if the core standards of the German Constitution (essence of rights) are
infringed
- The validity and binding effect of EU law is based on a voluntary transfer of powers,
constitutionally legitimised by Act of Parliament ratifying the EU Treaties
- The powers conferred on the EU cannot be extended in scope (ultra vires) without an
amendment of the Treaties subject to approval by the national Parliament
- Jurisdiction of FCC to review whether EU law does not exceed the conferred powers (ultra
vires review) and complies with the fundamental rights of the German Constitution (Solange)

Banana Market Case

- Reluctance to exercise its 'reserve power' and review compliance by EU law with
Constitution
- No evidence that the standards of protection of fundamental rights in EU law had fallen
below the German constitutional standards ('Solange II')

Lisbon Judgement
- Less tolerant approach to sovereignty
- Shift away from "co-operation relationship" towards traditional sovereignty of national
Constitution and FCC's jurisdiction

The Supremacy Debate

EU (CJEU) perspective:
- Supremacy is unconditional
- Loyal co-operation principle (Art. 4(3) TEU) and nature of EC/EU as a new, sui generis
legal order integrated into the national legal systems
MS' perspective:
- Supremacy is conditional
- Principle of conferral of powers (Art. 5 TEU) and national sovereignty (including
supremacy of national constitutional orders)
- Powers conferred by the sovereign MS in the Treaties
- "Pyramidal hierarchy of norms replaced by a network of co-existing norms without a proper
hierarchy" (J. Bell)
- "There is a divorce, but like many modern couples, the two maintain a peaceful and friendly
relationship" (O. Dutheillet de Lamothe)

Art 50 TEU

- 1. Any MS may decide to withdraw from the Union in accordance with its own
constitutional requirements
- 2. A MS which decides to withdraw shall notify the European Council of its intention. In the
light of the guidelines provided by the European Council, the Union shall negotiate and
conclude an agreement with that State, setting out the arrangements for its withdrawal, taking
account of the framework for its future relationship with the Union. That agreement shall be
negotiated in accordance with Article 218(3) of the TFEU. It shall be concluded on behalf of
the Union by the Council, acting by a qualified majority, after obtaining the consent of the
European Parliament
- 3. The Treaties shall cease to apply to the State in question from the date of entry into force
of the withdrawal agreement or, failing that, two years after the notification referred to in
paragraph 2, unless the European Council, in agreement with the MS concerned,
unanimously decides to extend this period.
- 4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the
Council representing the withdrawing MS shall not participate in the discussions of the
European Council or Council or in decisions concerning it.
- 5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject
to the procedure referred to in Article 49.
Involvement of Parliament Prior to Triggering Art 50

- Executive has prerogative power under UK constitution to conduct foreign relations and
negotiate/conclude (and withdraw from) treaties
- The executive's prerogative power is legally constrained ("actionable legal constraint")

De Keyser Case

Where Parliament had spoken on an issue, the executive could not have recourse to any
prerogative power that touched the same subject-matter

Miller on Withdrawal from EU

- It is common ground that UK domestic law will change as a result of the UK ceasing to be
party to the EU Treaties and the rights enjoyed by UK residents granted through EU law will
be affected
- It would be inconsistent with fundamental principle for such far-reaching constitutional
change to be brought about by ministerial action alone, particularly when the relevant source
of law had been created by Parliament and given supremacy in the hierarchy of law sources
- The UK Constitution requires such changes to be effected by Parliamentary legislation
- Withdrawal is a significant constitutional change
- The prerogative to make and unmake treaties could not be exercised in relation to the EU
Treaties in the absence of statutory sanction
- The devolved legislatures do not have a veto on the UK's decision to withdraw

EU (Notification of Withdrawal) Act 2017

- Art. 1 - Power to notify withdrawal from the EU

- (1)The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the
United Kingdom's intention to withdraw from the EU
- (2)This section has effect despite any provision made by or under the European
Communities Act 1972 or any other enactment."
- The House of Commons overturned 2 amendments from the House of Lords, which would
have guaranteed rights for EU citizens living in the U.K. and given Parliament a final binding
say on the deal that the government would negotiate with the EU

Ponsonby Rule

- Treaties must be laid before parliament under before the government ratifies them
- Parliament can object to a treaty within 21 parliamentary sitting days and delay its
ratification indefinitely

EU (Withdrawal) Act 2018

- Repeals the EC Act 1972 (ECA) on the day the UK withdraws from the EU (clause 1)
- Ends the supremacy of EU law in UK law and convert EU law as it stands at the moment of
withdrawal into domestic law
- Creates temporary powers to make secondary legislation to enable corrections to be made to
"EU-derived" laws (clause 7)
- Enable domestic law to reflect the content of a withdrawal agreement under Art. 50 TEU
(clause 9)

Wightman Case

- When a MS has notified the European Council of its intention to withdraw from the EU,
that MS is free to revoke unilaterally that notification
- That possibility exists for as long as a withdrawal agreement concluded between the EU and
that MS has not entered into force or, if no such agreement has been concluded, for as long as
the 2-year period from the date of the notification of the intention to withdraw from the EU,
and any possible extension, has not expired
- The revocation must be decided following a democratic process in accordance with national
constitutional requirements.
- This unequivocal and unconditional decision must be communicated in writing to the
European Council
- Such a revocation confirms the EU membership of the MS concerned under terms that are
unchanged as regards its status as a MS and brings the withdrawal procedure to an end

What can individuals do where MS does not implement EU law?

1. Direct Effect
2. Indirect Effect
3. State Liability

Direct Effect

- Effectively protect the individuals' rights under EU law in national courts

- Ensure MS compliance with EU law (loyal co-operation: Art 4(3) TEU)
- Serves broader objective of ensuring uniformity and effectiveness of EU law
- Applies in addition to and independently of the Commission's power to bring enforcement
action against MS
- A directly effective provision of EU law is a provision of (primary or secondary) EU law,
which contains a right - or an obligation - and which is capable of being enforced by
individuals in national courts
- Introduced by Van Gend en Loos

Conditions of Provisions for Direct Effect

1. Be sufficiently clear and precise
2. Be unconditional
3. Not be dependent on further action by EU or MS

'Sufficiently clear and precise'

- Excludes provisions that are too general or too vague

- E.g. "raising of the standard of living" as one of the EC's tasks (old Art 2 EC Treaty/
repealed by Art 3 TEU) (Zaera)
- E.g. Art 4(3) TEU (duty of loyal co-operation)

'Be unconditional'

- Not be qualified by any reservation or condition

- Excludes the application of which is attached to a number of conditions
- E.g. Art 108(2) TFEU on State aids considered illegal by Commission
- But does not preclude a Treaty provision that allows derogations or limitations from being
directly effective (Van Duyn)

'Not be dependent on further action by Member States or the EU'

- Final condition of DE
- If the Treaty sets a deadline for the MS to act, failure to discharge that obligation on time
should not preclude Direct Effect (Lutticke)

Van Duyn Case

- Dutch Scientology worker refused entry into UK because of her membership of a "socially
harmful" organisation
- Art. 45 TFEU: Free movement of workers subject to limitations on grounds of public policy,
security or health
- 1st and 3rd conditions for DE satisfied
- 2nd condition for DE also satisfied as the application of derogations is subject to judicial
control

Defrenne v Sabena

- Belgian female airline cabin crew's claim to equal pay

- Old Art 110 EEC Treaty (now Art 157 TFEU): "Each shall during the first stage ensure and
subsequently maintain the application of the principle that men and women should receive
equal pay for equal work"
- 1st condition for DE met: fundamental nature of right to equal pay (principle)
- 2nd condition for DE satisfied (mandatory provision)
- 3rd condition for DE also met
- Even if the Treaty provision obliges the MS to act within a fixed period, failure by the MS
to discharge their obligation on time should not prevent the provision from being directly
effective
- Treaty provisions can have both vertical and horizontal DE

Vertical Direct Effect

Individuals can rely on directly effective EU law in proceedings against the State or public
authorities

Horizontal Direct Effect

Individuals can rely on directly effective EU law in proceedings against other individuals or
private entities

Directives capable of Direct Effect

- Not implemented at all (Ratti); or

- Incorrectly or improperly implemented (VNO); or
- Correctly implemented but application of national measures is such that the result of the
Directive is not achieved (M&S)

Ratti Case

- Principle of Estoppel
- MS may not take advantage of and rely on their own failure to fully implement a Directive
within the deadline in disputes with individuals

Becker Case

- Third requirement presumed to be satisfied if the implementation deadline has expired and
the MS has failed to (correct/fully) implement the Directive within the prescribed deadline
- Directives can only have vertical DE
- Primary obligation of courts (including national courts) to make sure that EU law is
implemented

Inter-Environment Wallonie

During the implementation period, MS have a duty to refrain from taking any measure liable
to seriously compromise the result prescribed by the Directive

Amsterdam Bulb Case

Regulations can have horizontal Direct Effect

Marshall Case
- Directives are not capable of horizontal direct effect
- The binding effect of a Directive exists only in relation to its addressees (=MS) and not
individuals
- May be relied upon only against the State regardless of the capacity in which the State is
acting (whether as public authority or employer)

Foster v British Gas

- Creates the Foster Test

Foster Test

An "emanation of the State" is a body, whatever its legal form, which:

- Has been made responsible, pursuant to a measure adopted by the State, for providing a
public service
- Under the control of the State*
- Has for that purpose special powers beyond those which result from the normal rules
applicable in relations between individuals

Farrell Case

- Foster test is not exhaustive

- The Foster conditions that the organisation must be subject to the authority or control of the
State [condition 2], and must possess special powers beyond those which result from the
normal rules applicable to relations between individuals [condition 3] cannot be conjunctive
- A body or an organisation, even one governed by private law, to which a MS has delegated
the performance of a task in the public interest [condition 1] and which possesses for that
purpose special powers beyond those which result from the normal rules applicable to
relations between individuals [condition 3] is one against which the provisions of a Directive
that have direct effect may be relied upon (here Motor Insurers Bureau of Ireland)

Indirect Effect

- Doctrine developed to make up for the refusal to give Directives horizontal direct effect
- An interpretative duty on national courts inherent in the Treaty (purposive interpretation)
- If a Directive has not been implemented by a MS within the prescribed deadline and cannot
have direct effect or horizontal DE, national courts should, as far as possible, interpret
national law in the light and in conformity with the (unimplemented or incorrectly
implemented) Directive

Von Colson & Kamann Case

- Established indirect effect

- Indirect effect only applied to national legislation introduced for the purpose of
implementing the Directive
- The interpretative obligation imposed on national courts to construe national legislation in
the light and in conformity with (non-DE) Directives is governed by rules of statutory
interpretation

Marleasing Case

- Extension of scope of indirect effect to any rule of national law, whether pre-dating or post-
dating a (non-directly effective) Directive
- National courts are required to apply the principle only so far as possible

Webb v EMO

- Rules of statutory interpretation

- Held that national interpretation rules imposed limitations on the extent of indirect effect
- The UK's courts interpretative obligation was accepted on condition that that could be done
without distorting the meaning of the domestic legislation
- A national court must construe a domestic law to accord with the terms of a Directive in the
same field only if it is possible to do so

Wagner Miret Case

- National courts must presume that the MS intended to comply with EU law
- They must strive as far as possible to interpret national law in the light of the wording and
the objectives of the Directive
- But if such construction is not possible, the MS may, alternatively, be held liable under the
principle of State liability

Pfeiffer Case

- Re-affirmed Marleasing
- Indirect effect requires that national courts consider national law as a whole in order to
assess to what extent it may be applied so as not to produce a result contrary to that sought by
the Directive
- Acknowledged the application of national rules of statutory interpretation:
- National courts should consider the whole body of rules of national law and interpret them,
so far as possible, in the light of the wording and purpose of the Directive

Brunnhofer Case

If a Directive merely embodies substantive rights/obligations contained in the Treaty, it could

be enforced as against a private individual even if it has not been correctly implemented by
the MS

Mangold and Swedex Cases

- If a Directive merely embodies a general principle of EU law (e.g. non-discrimination on
grounds of age), this principle could be enforced in its own right horizontally even if the
Directive has not been correctly implemented by the MS - and even before the
implementation deadline has expired - provided that the disputed national legislation falls
within the scope of EU law

Why create State Liability?

- Inadequacy of direct effect and indirect effect doctrines

- Not all (unimplemented) Directives are capable of direct effect
- Inadequacy of enforcement action against non-compliant MS
- Art 258-260 TFEU ensure 'dual vigilance' BUT CJEU's judgement is of a declaratory nature
and potentially only financial sanctions against MS through a follow-up CJEU judgement
(Time consuming)
- Individuals may still suffer losses so long as national legislation fails to comply with
directly effective primary or secondary EU law
- Need for a more effective and complete protection for the individuals' rights under EU law
- Not only set aside conflicting national law but also draw the consequences of such
inapplicability for the past through reparation of damage/loss (AG Léger in Hedley Lomas)

CJEU & Remedies for Breaches of EU Law

1. Phase 1 (pre-1991): Deferrence

2. Phase 2 (1991-1996): Intervention
3. Phase 3 (since 1996): Retrenchment

Phase 1 - Deference

- No general EU law remedy available

- Absolute deference to national procedural autonomy
- For the protection of rights of those adversely affected by a breach of (directly effective) EU
law
- National rules subject to 2 limits: Equivalence and Effectiveness

Phase 2 - Intervention

- Principle of State Liability in Tort

- A novel remedy (action for damages) prescribed by EU law (judge-made)
- Derived from the sui generis nature of the EU legal order; and the principle of loyal co-
operation (Art 4(3) TEU)
- Right of compensation (damages) for losses sustained as a result of a 'sufficiently serious'
breach of EU law by the State

Francovich Case
- Birth of State Liability
- Individuals should be able to obtain redress if their rights are infringed by a breach of EU
law for which the MS is held liable
- Need to ensure full effectiveness of EU law
- Creates original test for state liability

State Liability Test (Original)

- Rights conferred on individuals by EU law (Directive)

- Rights of an identifiable content
- Causal link between breach of State's obligation and losses sustained by individuals

Problems left over from Francovich

- Is the State liability remedy only available in case of non-implementation of a Directive?

- Is it available only in case of provisions not capable of having direct effect?
- Is there any fault necessary or any possibility of mitigation for the State?
- What is covered by the 'State'?

Brasserie and Factortame III

- Extension of State liability to any rule of EU law (not only provisions of Directives not
capable of direct effect) AND
- Refinement of the State liability test

State Liability Test (Refined)

- Rule of EU law intended to confer rights on individuals

- Sufficiently serious breach of that rule
- Direct causal link between breach of State's obligation and losses sustained by individuals

'Sufficiently Serious Breach' Criteria

- Not sufficiently serious breach unless the MS have manifestly and gravely exceeded the
limits of their discretion
- Breach is definitely sufficiently serious if it has been clearly established by a CJEU
(infringement or preliminary) ruling or can be clearly established on the basis of settled case-
law (conclusive presumption)

Francovich Rule vs Factortame III Rule

- State liability arising from a breach of EU law through non-implementation of a Directive

or in any other area where MS have no real discretion
- If the MS are left with a margin of discretion, they must manifestly and gravely disregard
the limits of that discretion, causing a 'sufficiently serious' breach of EU law and resulting in
State liability

Phase 3 - Retrenchment

- A Uniform Approach
- Dillenkofer case

Dillenkofer Case

- The conditions laid down in Francovich and Brasserie & Factortame III are the same
- The requirement of a sufficiently serious breach, although not expressly stated in
Francovich, was implied from the circumstances of the case
- A breach is sufficiently serious if a MS, in exercising legislative discretion, manifestly and
gravely exceeds the limits of that discretion (Factortame III)
- If a MS has no or minimal legislative discretion, the mere infringement of EU law (such as
the non-implementation of a Directive in Francovich) is presumed to constitute per se a
sufficiently serious breach, giving rise to a right of compensation

Cases where MS are left with no or minimal legislative discretion & breach is sufficiently
serious

- Dillenkofer - Non-implementation of Package Travel Dir. 90/314

- Rechberger v Austria - Improper implementation of the obligation to provide consumers
with effective guarantee of a refund of all money paid over and repatriation costs if travel
organizer goes bankrupt
- Hedley Lomas - Unjustifiable UK ban on exports of animals for slaughter in Spain as UK
failed to produce any evidence of a violation of Directive which required animals to be
stunned before slaughter

Cases where MS are left with a margin of legislative discretion, and breach is not sufficiently
serious

1. British Telecommunications (BT)

2. Denkavit
3. Brinkmann

British Telecommunications Case

- Incorrect implementation of a Directive but not "sufficiently serious"

- Emphasis on restrictive approach
- Provision imprecisely worded and reasonably capable of bearing the interpretation given to
it by the UK acting in good faith
- Such interpretation also shared by other MS and not manifestly contrary to the wording and
objectives of the Directive
- No guidance from CJEU case-law on the matter
- No objection by the Commission

Denkavit Case

- German case
- Incorrect implementation of a company taxation Directive, BUT
- Such (incorrect) interpretation was adopted by almost all other MS that had exercised the
discretion to derogate (Council discussions)
- Some wording in the Directive could support such interpretation
- No previous CJEU case-law on the matter

Brinkmann Case

- Danish case
- Incorrect implementation of a Directive on tobacco taxation, BUT
- Confusion over measures of implementation needed
- Provisions open to a number of perfectly tenable interpretations
- Interpretation not manifestly contrary to wording or aim of the Directive
- Shared by another MS and Commission (+ No direct causal link)

Extent of the Liable State

State liability applies regardless of the particular public authority of the MS which is
responsible for the breach of EU law or which is, under national law, responsible for making
reparation

Konle Case

Reparation need not be provided by the federal or central administration of the MS

Haim II Case

- Dental Practitioners Association

- Reparation may also be made by independent public law bodies vested by the State with
regulatory autonomy

Kobler Case

- State liability may apply if the breach of EU law can be attributed to a decision of a last
instance court of a MS
- It is for the national law to designate the court competent to decide on such a dispute
-BUT regard must be had to the nature of the judicial function
The breach is sufficiently serious only in the exceptional case where the last instance court
has manifestly infringed the applicable law
- No manifest breach of EU law despite incorrect interpretation and withdrawal of the
preliminary reference

Factors to consider in assessing whether the last instance court has manifestly breached the
applicable law

- Clarity and precision of the rule

- Whether the breach was intentional
- Whether an error of law was excusable or not
- The position, if any, of EU institutions
- Non-compliance by the court with the obligation to make a preliminary reference (Art.
267(3) TFEU): A manifest breach of the applicable law is presumed where the last instance
court made its decision in manifest breach of the CJEU case-law

Traghetti Case

- Köbler re-affirmed
- A manifest breach of the applicable law may occur not only where a last instance court
deliberately flouts EU law but also where it adopts a manifestly inappropriate or
unreasonable interpretation of EU law
- National legislation may not limit liability only to cases of intentional fault or serious
misconduct of the court
- The principle of res judicata does not preclude recognition of the principle of State liability
for the decision of a court adjudicating at last instance

Definition of Goods

- Any products which "can be valued in money and which are capable, as such, of forming
the subject of commercial transactions" (Case 7/68 Commission v Italy EU:C:1968:51)
- Must have "tangible physical characteristics" (A-G's Opinion, Case C-97/98 Gustafsson
EU:C:1999:315)

Art 28 TFEU

- Establishes Customs Union

- Guarantees free trade of goods between Member States, without any monetary charge being
imposed on goods as they cross a border
- Covers imports and exports
- Covers charges applied when goods move between regions of one Member State
- Covers goods originating within the EU or which have come from a third country but are in
free circulation (Art. 28(2) TFEU)
- Common customs tariff with third countries
Art 30 TFEU

- Prohibits Charges and Duties

- Prohibits Charges having an Equivalent Effect (CEEs)

Customs Duty

A tax for importing and exporting goods

Commission v Italy ("Statistical Levy")

- Defines CEEs
- "... any pecuniary charge, however small and whatever its designation and mode of
application, which is imposed unilaterally on domestic or foreign goods by reason of the fact
that they cross a frontier, and which is not a customs duty in the strict sense, constitutes a
charge having equivalent effect ..., even if it is not imposed for the benefit of the state, is not
discriminatory or protective in effect and if the product on which the charge is imposed is not
in competition with any domestic product."
- To fall outside Art. 30, the charge must be for "a specific benefit actually conferred".
- The statistics were a general advantage to the whole economy, not a specific advantage to
those paying.
- Statistics were "an advantage so general and so difficult to assess" that they could not be
considered as a specific benefit

Commission v Italy (Art Treasures)

- Italy imposed a charge on the export of artistic, historical and archaeological items
- Italy argued that the purpose of the tax was not to raise revenue but to protect the heritage of
the country - it therefore had a legitimate aim
- Charge was a CEE
- Treaty provision does not make any distinction between charges based on purpose - the
purpose is therefore irrelevant and it is the impact of the charge which is important.
- Cannot use the defences available for non-fiscal measures under Art. 36 for breaches of Art.
30

Sociaal Fonds voor de Diamantarbeiders v SA Ch Brachfeld & Sons

- Belgian law required 0.33% of the value of imported diamonds to be paid into a social fund
for workers in the diamond industry.
- Belgium argued that fund did not raise revenue and did not protect national industry
- Purpose not relevant - the charge was imposed at a border and would hinder trade. It was
therefore unlawful

Exceptions to Art 30
1. General system of internal dues
2. Exchange exception
3. Inspections

General system of internal dues

- Any charge "relating to a general system of internal dues applied systematically and in
accordance with the same criteria to domestic products and imported products alike" does not
fall within Art. 30.
- Instead, as a tax, it must be considered under Art. 110 (discussed below).
- Art. 30 and Art. 110 are mutually exclusive

Exchange Exception

Importer or exporter receives a service in return for the charge

Commission v Belgium ("Warehousing")

Art. 30 will not apply where the charge "is the consideration for a service actually rendered to
the importer and is of an amount commensurate with that service"

Bresciani Case

Any charge which provides a benefit to the general public should be paid for by the general
public, not the importer/exporter

Inspections

- Where EU legislation permits, but does not require, an inspection to be undertaken by a

state, the national authorities also cannot charge traders for that inspection
- However, if the inspection is mandatory under EU law, then it will escape the prohibition

Commission v Germany

- Sets out 3 exceptions to Art 30 TFEU

- Regional authorities charged fees on live animals imported into the country
- Fees were to cover the cost of inspections undertaken pursuant to Directive 81/389
- The fee was not a CEE

When will inspection fees not be covered by Art 30?

- Commission v Germany
- They do not exceed the actual costs of the inspections
- The inspections are obligatory and uniform for all the products concerned across the Union
- The inspections are prescribed by Union law in the general interests of the Union
- The inspections promote the free movement of goods,
Remedies for Paying Unlawful Custom Duties and CEEs

1. Recovery of unlawful charges

2. Independent claim for damages
3. Direct effect
4. Enforcement action

San Giorgio Case

- Recovery of unlawful charges

- A restitutionary claim is available to traders who have paid an unlawful customs duty or
CEE
- The Member State must repay all the unlawful charges

Comateb Case

- Third Party: May claim repayment from either Trader or State

- Trader: May claim repayment from State if Third Party claims against them or they have not
passed charges on to Third Party
- State: Must repay unlawful charges to affected party
- If the trader has passed the charges on to third parties, then they cannot claim repayment
from the state - would be unjust enrichment
- It is for national courts to determine if costs have been passed on
- Charges partly passed on can be partly recovered

Michailidis Case

•Burden of proof that the duties or charges have not been passed on to others cannot be
placed on the trader paying them

Independent Claim for Damages

- Irrespective of whether or not traders have a claim of recovery of the charges, they could
also have a claim for damages for loss of sales (Comateb)
- Even if such a remedy is not provided for by national law, national courts should give effect
to a claim for damages in accordance with state liability

Enforcement Action

- Action brought to the CJEU by Commission (Art. 258) or another Member State (Art. 259)
where they believe a Member State has failed to comply with legal obligations.

Art 110 TFEU

- No MS shall impose, directly or indirectly, on the products of other MS any internal

taxation of any kind in excess of that imposed directly or indirectly on similar domestic
products
- Furthermore, no MS shall impose on the products of other MS any internal taxation of such
a nature as to afford indirect protection to other products
- Relevant to charges levied internally

Art 110(1) TFEU

- Applies to similar products

- Breach requires an equalisation of taxes

Art 110(2) TFEU

- Applies to products which are not similar but are in competition

- Breach requires state to remove protective taxes

Kink-Frucht Case

- Original test for similar products

- Goods would be regarded as similar if they came within the same tax classification - the
products themselves do not necessarily need to be the same

Commission v Denmark

- Question for Court was whether fruit wine was similar to wine made from grapes
- "It is necessary first to consider certain objective characteristics of both categories of
beverages, such as their origin, the method of manufacture and their organoleptic properties,
in particular taste and alcohol content, and secondly to consider whether or not both
categories of beverages are capable of meeting the same need from the point of view of
consumers"
- Objective characteristics of wines made from fruit and grapes were similar - made from
same basic product under the same basic process
- Both products met the same needs for consumers - not relevant that one was in practice
much more popular with consumers than the other

Johnnie Walker Case

- Denmark taxed whisky (manufactured exclusively abroad) at a higher rate than fruit liqueur
wines (which Denmark did manufacture)
- Products were not similar
- Objective characteristics of products were different - in particular the alcohol content and
manufacturing processes were different
- Relevant provision was therefore Art. 110(2) TFEU
- Member States are free to set out tax arrangements which distinguish between products on
the basis of objective criteria
Dounias Case

Court of Justice has held that a tax will be compatible with Art 110 TFEU as long as it
excludes "any possibility" of imported products being taxed more heavily than similar
domestic goods

Direct Discrimination

- Any discrimination on the basis of national origin, e.g. where tax only applies to imported
products or is higher for imported products
- Prohibited under Art 110(1) TFEU, which requires MS to ensure that any system of taxation
is applied equally to similar imported products

Commission v Italy

- Italian Government charged lower taxes on regenerated oil than on ordinary oil
- Imported regenerated oil paid the same tax as ordinary oil
- Italy argued it was impossible to tell if imported oil had actually been regenerated or not
- Direct discrimination
- It was for importers to show that their oil fell within a particular category, subject to
reasonable standards of proof and that a certificate from the state of export could be used to
identify the nature of the oil

Commission v Ireland

- Tax applied to all goods irrespective of origin

- However, domestic producers were treated more leniently as regards to payment
- Importers had to pay directly upon importation
- Direct discrimination
- Procedures for tax collection must also treat domestic and non-domestic goods equally

Commission v France (Tobacco)

- There are no derogations set out in Art 110 and so any directly discriminatory breaches
cannot be justified
- If a breach is proved, MS must remove the discriminatory measure and equalize the taxes
on domestic products and imports

Indirect Discrimination

Treat both domestic and imported goods the same on the face of it, but in reality place non-
domestic goods at a disadvantage

Humblot v Directeur des Services Fiscaux

- French law provided that car tax payable increased with the power rating of the vehicle.
- A special higher tax applied to cars with a rating above 16CV - no French cars rated above
16CV.
- Indirectly discriminatory
- MS can introduce car taxes which increase progressively with power rating - this will be
compatible with Art. 110 TFEU if it is non-discriminatory and has no protective effect
- However, not true in this case - special tax was not genuinely linked to power rating.

Justification for Indirect Discrimination

The policy reason must:

- Pursue a legitimate objective
- Be completed in a proportionate manner

Commission v Greece

- Greek law provided progressively higher taxes on cars with higher cylinder capacity
- No breach of Art. 110 TFEU unless discriminatory
- Discriminatory only if it discouraged customers from buying highly taxed imported cars and
encouraged them to buy domestic cars instead
- Environmental objective

Chemial Farmaceutici

- Italy taxed synthetic ethyl alcohol more highly than ethyl alcohol obtained from
fermentation
- Italy was not a major producer of synthetic ethyl alcohol
- Italy argued that the policy was to encourage the manufacture of the product from
agricultural produces and to preserve ethylene (basis of synthetic) for more important
economic uses
- Constituted a "legitimate economic policy to which effect is given by fiscal means"
- Legitimate industrial policy - based on production process used or raw materials used
- Not discriminatory since product derived from fermentation treated to same way regardless
of origin AND even though synthetic products imported subjected to higher taxes, national
producers also face the same taxes

Commission v UK (Beer and Wine)

- UK taxed wine 5 times heavier than beer

- UK produced a large amount of beer but very little wine
- Comparison should be between beer and cheap wine (similar alcohol content)
- Product substitutability was central - beer and wine were interchangeable - met identical
needs
- Consumer preferences not immutable - by increasing taxes on wine the UK stamped wine
with a "hallmark of luxury" which put it, in the mind of consumers, as being in a different
category to beer
- UK tax was discriminatory - difference in tax rate was dramatic
- Where less dramatic differences exist, more detailed analysis will be required
- Level of cross-elasticity is important - where there is low cross-elasticity, only a large
difference in tax burden will have a protective effect

Cross-elasticity of Demand

If the price changes, will consumers switch to the other product

Remedies for Article 110(2) TFEU

- Court requires that the protective effect is removed

- Does not necessarily require that the taxes are equalized, only that they are changed to
accurately reflect the differences in the products
- As with Art 30, restitutionary claims and damages are available for breaches of Art 110
What type of question can a national court or tribunal refer to the CJEU pursuant to
Art 267 TFEU?

A question which relates to the interpretation of the Treaties and interpretation/validity of EU

Regulations and EU Directives

Upon which courts and tribunals does Art 267 TFEU impose an OBLIGATION to make
a referral to the CJEU?

Those against whose decisions there is no judicial remedy under national law

Art 267 TFEU provides that any court or tribunal may make a referral to the CJEU if
the national court or tribunal considers it to be:

Necessary to enable it to give judgment

Courts or tribunals which are under an obligation to make a referral under Article 267
TFEU will only be under an obligation to make the referral to the CJEU if the court or
tribunal considers it necessary to make the referral.

True or false?

True

Why might it not be necessary to make a referral to the CJEU?

Because (i) the CJEU has already answered the same question in a previous case (precedent);
or (ii) the answer to the question is perfectly clear (doctrine of acte clair)

As an alternative to the Commission taking action under Art 258 TFEU, can a Member
State take action against another Member State which it alleges is acting in breach of
EU law?

Yes, pursuant to Art 259 TFEU, but the Commission must first be given three months to
deliver a reasoned opinion

How many stages are there in the Art 258 TFEU?

FOUR: the informal stage, followed by three formal stages: (i) the administrative stage (a
letter requesting the Member State's observations); (ii) the Commission issuing a reasoned
opinion; and (iii) referral to the CJ

In Case 74/82 Commission v Ireland the CJ stipulated that a Member State had a
reasonable period of time within which to comply with a reasoned opinion. True or
false?

True
Can a Member State defend Art 258 TFEU proceedings on the basis it was powerless to
remedy its breach of EU law?

No

If proceedings are taken against a Member State pursuant to Art 258 TFEU, the CJ can
impose a penalty payment or lump sum penalty if it finds that the Member State is in
breach of EU law. True or false?

False

If proceedings are taken against a Member State pursuant to Art 258 TFEU, and the CJ
finds that the Member State is in breach of Union law, what is the Member State
required to do pursuant to Art 260 TFEU?

Take 'the necessary action' to comply with the judgment

If a Member State fails to comply with its Art 260 TFEU obligation, can the
Commission take further action against the defaulting Member State?

Yes, under Art 260 TFEU

If such further action is taken, the CJ can impose a penalty payment or lump sum
penalty on the defaulting Member State. True or false?

True

What did the CJ do in Case C-304/02 Commission v France for the first time?

Impose both a penalty payment and a lump sum penalty on the defaulting Member State
(France

What was the Court's ruling about in the AETR case?

Right to conclude international agreementsif

The “Cassis de Dijon” judgment of 20 February 1979 (case 120/78) concerns...

The principle of mutual recognition

What is the Cassis de Dijon and when did the Court rule in that case?

French liquor, 1979

Who is considered to be a citizen of the Union?

anyone who is a national of a Member State

Which Treaty Article provides that 'Citizenship of the Union is hereby established.
Every person holding the nationality of a Member State shall be a citizen of the Union
...'?

Art 20 TFEU

Which statement is false? Citizenship of the Union gives citizens the right ...

to stand in elections to the national Parliament in the country of residence (Art 20 TFEU)

Citizenship of the European Union does not include ....

The right to stand as a candidate in national elections in the Member State in which the
citizen resides

Article 21 (1) TFEU provides that 'Every citizen of the Union shall have the right to
move and reside freely within the territory of the Member States...' It further provides
that this right to move and reside freely is not subject to any limitations. True or False?

False

What is Directive 2004/38 concerned with?

The right of entry and residence within the EU of EU citizens and their family members

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004
concerns the

right of citizens of the Union and their family members to move and reside freely within the
territory of the MS

Article 3(1), Directive 2004/38 establishes what right?

The right of all EU citizens to move to, or reside in, a Member State other than that of which
they are a national, and of 'family members' who accompany or join them

This right of residence for up to three months under Art 6(1) of Directive 2004/38 is
subject to the condition that the EU citizen is moving to the host Member State to work
(in an employed or self- employed capacity). True or false?

False

Article 14(1), Directive 2004/38 provides EU citizens and their family members with the
right of residence for up to three months under Art 6, as long as they do not become
what?

An unreasonable burden on the social assistance scheme of the host Member State
Which of the following statements is correct? When EU citizens exercise their right of
petition, they address their petitions to the ...

European Parliament

The right of all citizens of the Union to access European Parliament, Council and
Commission documents was inserted by the .... and is now enshrined in Article ...

Amsterdam Treaty, 15 TFEU

The right to have access to documents of the Union institutions, bodies, offices and
agencies is open to:

EU citizens and anyone who is resident there or based in a Member State art. 15 (3) TFEU

In Case C-184/99 Grzelczyk v Centre Public d’aide sociale d’Ottignies-Louvain-la-

Neuve, what did the ECJ state about EU citizenship?

EU citizenship is destined to be the fundamental status of nationals of Member States,

enabling those who find themselves in the same situation to enjoy the same treatment in law
irrespective of their nationality, subject to such exceptions as are expressly provided for

In Case C-184/99 Grzelczyk, in addition to the provisions of the EC Treaty relating to

EU citizenship, the ECJ relied upon former Art 12 EC Treaty (now Art 18 TFEU).

Article 18 TFEU prohibits any discrimination on grounds of nationality.

The Schengen Agreement concerns:

the principle of free movement of persons

The European Union (EU-28) has around...

503 million inhabitants (since July 2013)

2013 was the European Year (EY) of ...?

Citizens
Which Treaty created the European Economic Community?

The European Economic Community was created by the Treaty of Rome 1957

Who were the original six member states of the European Union?

France, Germany, Italy, Belgium, The Netherlands and Luxembourg.

What did the treaty of Rome set up?

The treaty set up the common market, later to become known as the internal market.

What was the first step towards formal European Integration?

The European Coal and Steel Community by the European Coal and Steel Community treaty
1951.

How did the European Economic community develop since its creation.

The EEC was amended by the Single European Act 1986. On the entry into force of the
Treaty of the European Union 1992, the EEC became the EC and the EEC treaty became
known as the EC treaty.

How would you describe the structure of the European Union set up by the treaty on
European Union 1992?

Three Pillar structure

First pillar - the three communities
Second pillar - a common Foreign and security policy.
Third pillar - Co-operation on Justice and Home affairs.

Why was this structure devised?

This was to allow member states to cooperate within the new policy areas of Common
foreign and security policy and co-operation on Justice and Home affairs outside the
mechanism of the Community Treaties. Although the second and third pillars shared the
community institutions, decision making within these pillars was based on national
autonomy.

What term is applied to the complex and fragmented constitutional structure established by
the treaty on European Union 1992?

A Europe of Variable geometry.

What treaty established the constitution of the European Union?

Treaty on European Union 1992

Why was the constitutional structure described as variable geometry?

It incorporated both supranational elements (decision-making by the Community institutions,
acting partly or entirely independently of the Member States, within the first pillar) and
intergovernmental elements (decision-making by agreement between the Member States
acting as independent sovereign states, within the second and third pillars). Complexity and
fragmentation were further manifested in the opt-out protocols, giving rise to the description
'two-speed Europe'.

What is meant by subsidiarity?

This is where decisions or action are taken at a Union level, rather than at national, regional,
or local level, this must be justified.

Subsidiarity is a general principle of Union law. This principle is intended to ensure that
decisions are taken as closely as possible to the citizens.

What is the composition of the Council?

he Council comprises ministers of the Member States. Its membership changes according to
the matter under discussion, for instance it comprises national ministers of agriculture if
agriculture is the topic under discussion. Unlike members of the European Commission, who
are required to act independently of national governments, members of the Council represent
national interest. The Presidency of the Council is held by each Member State, in turn, for six
months.

How does qualified majority voting currently operate?

Qualified majority voting operates as a system of weighted voting. The larger the member
state the more votes it hold. Ranging from 29(from Germany, France, Italy and the UK0
down to three(for Malta)

What is the composition of the European Commission?

Commissions are nominated by the president of the commission and member states and
approved by the heads of state or government by qualified majority voting followed by
approval, as a body by the European Parliament.

How is the President of the Commission nominated?

The President of the Commission is nominated, by qualified majority vote, by Heads of State
or Government and appointed following the approval by Parliament.

Are Commissioners representative of respective member states?

Unlike council members, Commissioners are not representatives of the respective Member
states. They must be completely independent, neither seeking nor taking instructions from
their governments, and member states must not seek to influence them.

What is a directive?

A directive is a form of European Union Secondary Legislation. Article 288 TFEU describes
a directive as 'binding as to the result to be achieved, upon each Member State to which it is
addressed, but leaving to the national authorities the choice of form and methods'.
This means that directives, which are set out in general terms, must be implemented by
member States through the adoption of detailed measures, usually by national legislation.
Directives specify the deadline by which implementation must be completed.

What is the principle of proportionality?

This requires hat actions taken or measures adopted whether by member states or the EU
institutions, go no further than necessary to achieve their objective.

What is meant by the 'legal base' of an EU measure?

The treaty article conferring the power to legislate in the particular area.

What is meant by the 'supremacy' of EU law?

The doctrine of supremacy dictates that EU law takes precedence over conflicting provisions
of national law.

Which treaty article contains the doctrine of Supremacy?

The treaty makes no express reference to supremacy but the CoJ has repeatedly held that
supremacy is implied in Article 4 TEU, which requires Member states to take all measures to
ensure fulfilment of Treaty obligations and to refrain from measures that could jeopardize
Treaty objectives. The Court of Justice has held that EU law takes precedence not only over
conflicting national law that post - dates the Treaty (Costa v ENEl) but over all national law,
including national constitutional law (internationale Handelsgesellschaft)

What is meant by the 'direct effect' of an EU provision?

Individuals can rely on the provision in the national court.

What conditions does a treaty article need to satisfy in order to be directly effective?

A treaty article is directly effective if it is clear, precise and unconditional (Van Gend,
Defrennee)

What conditions does a directive need to satisfy in order to be directly effective?

A provision of a directive is directly effective if it is clear, precise and unconditional (Van
Duyn), the implementation deadline has passed (Ratti) and the claim is vertical (Marshall).

What is 'direct effect' a manifestation of?

Supremacy. Eu law takes precedence over conflicting national law, which must be set aside
(Simmenthal)

What is meant by 'vertically directly effective'?

A provision of EU law is vertically directly effective if it can be invoked by individuals

against the state or a public body.

What is the authority of 'vertically directly effective' provisions of EU law?

Treaty articles (Van Gend)

Regulations (Politi, Leonesio)

Directives (Van Duyn)

What is meant by 'Horizontal Direct Effect'?

A provision of EU law that has Horizontal Direct Effect can be invoked by an individual
against another individual. Treaty articles and regulations are capable of horizontal direct
effect. Directives are not (Marshall)

In the context of direct effect, which test has been formulated by the Court of Justice to
identify a 'public body' or 'emanation of the state'?

The Foster test

In Foster, the CoJ set out a three-limbed test for 'public body' or 'emanation of the state':
a body made responsible by the state for providing a public service; under state control; with
special powers for that purpose, beyond those normally applicable between individuals. The
test refers to those bodies that are included within the scope of 'public body', so appear not to
be intended as a legal definition, though bodies that satisfy all three elements will clearly
qualify. Other entities could qualify as public bodies too.

Which principle requires that national law will be interpreted in accordance with relevant EU
law?

Indirect effect.

In what case does the Court of Justice establish the principle of Indirect effect?
In Von Colson, the Court of Justice went some way to overcome the limitation it had imposed
in Marshall, namely that directives are not capable of horizontal direct effect.

The Court created the principle of indirect effect: National law must be interpreted in
accordance with relevant EU law. However, this principle has its own limitations.

Which case established the limitations of indirect effect?

Marleasing established that, although indirect effect applies to all national law, whether it pre-
dates or post-dates the relevant EU law, national courts are required to apply the principle
only so far as possible. They are not obliged to adopt a contra legem interpretation of national
law (pupino)

Which principle was established by the Court of Justice in Francovich?

State liability.

In Francovich, the claimants could not invoke the relevant EU directive in the national court
because it was insufficiently clear to be directly effective and was incapable of indirect effect
because there was no relevant national law. The Court of Justice established the principle of
state liability: an individual is entitled to damages against the state where the state has failed
to implement a directive, provided the necessary conditions are satisfied.

In which situation can Francovich liability arise?

The member state has failed to implement a directive.

Francovich's claim concerned the non -implementation of directive by Italy. The Court of
Justice held that in these circumstances an individual would be entitled to damages against
the state, provided that the necessary conditions were satisfied. The result prescribed by the
directive must entail the grant of rights to individuals; it must be possible to identify the
content of those rights from the directive; and there must be a causal link between the
Member State's failure and the loss suffered by the individual.

Which case established state ;liability for a breach of EU law that did not entail the failure to
implement a directive?

Factortame.

Factortame concerned the UK's breach of freedom of establishment provisions of article 49

TEFU. through the adoption and retention of the Merchant Shipping Act 1988 which
prevented the applicants, Spanish fishermen, from fishing in UK territorial waters. The Court
of Justice held that a right to damages would arise provided three conditions were satisfied:
the rule of law infringed must be intended to confer rights on individuals; the breach must be
sufficiently serious; and there must be a direct causal link between the breach and the damage
sustained.

According to 'Factortame'. what was the 'decisive test' for a 'sufficiently serious breach'?

The Member State must have manifestly and gravely disregarded the limits on its discretion.

In its assessment of whether the Member state has manifestly and gravely disregarded the
limits on its discretion, the court may take into account a number of factors (para 55 of
judgement): the clarity and precision of the rule breached, the measure of discretion left by
that rule to the national or EU authorities, whether the infringement and the damage caused
was intentional or involuntary, whether any error of law was excusable or inexcusable, the
fact that the position taken by an EU institution may have contributed towards the omission,
and the adoption or retention of national measures or practices contrary to EU law.

Following Factortame, the Court of Justice extended the scope of state liability, to what
situation was it applied in BT?

Incorrect implementation of a directive.

Following Factortame, the Court of Justice extended state liability to other situations,
including the incorrect implementation of a directive (BT). administrative breaches (Hedley
Lomas) and the incorrect interpretation of EU law by a national court of last instance
(Kobler). In BT and Kobler the ECJ found that the breach was not sufficiently serious to give
rise to a liability.

What is the Court of Justice's jurisdiction under Article 267(1) TFEU?

To deliver preliminary rulings on the interpretation and validity of EU law.

The scope of the Court of Justice's jurisdiction is to rule on the interpretation of the Treaty
and of secondary legislation and on the validity of secondary legislation. The Court has no
jurisdiction to give rulings on the application of EU law, on the interpretation of national law,
or on the compatibility of national law with EU law.

What is the core rationale for the preliminary rulings procedure?

To ensure the uniform and consistent interpretation of EU law.

What is the significance of Article 267 in regard to the legal principles the CJEU has been
able to develop?
Article 267 has even broader significance. Through this mechanism, the Court of Justice has
been able to develop major legal principles such as supremacy, direct effect, indirect effect
and state liability.

In what circumstances has the CJEU refused to accept preliminary references?

When the reference amounted to an abuse or misuse of procedure.

It has refused jurisdiction where there was no genuine dispute between the parties (Foglia v
Novello), where the questions referred were irrelevant or hypothetical (Meilicke), and where
the national court has failed to provide sufficient legal or factual information
(Telemarsicabruzzo).

When the 'abstract theory' is applied, which courts are 'courts against whose decisions there is
no judicial remedy under national law'?

Courts occupying the highest position in the national system and whose decisions are never
subject to appeal.

What is the 'concrete' theory?

The obligation to refer under Article 267(3) applies to courts whose decisions are not subject
to appeal in the particular case in which the question of EU law arises. Costa suggested that
the CJEU inclines to use the 'concrete theory' in relation to 'courts against whose decisions
there is no judicial remedy under national law'.

Which term is applied to provisions whose interpretation is clear?

Acte clair

What does Acte Clair mean?

The term acte clair, translated literally, means 'clear act'. According to CILFIT, when the
meaning of EU law is clear, there is no need to refer. However, the interpretation must be 'so
obvious as to leave no scope for reasonable doubt as to its meaning.' The national court must
be convinced that the matter is equally obvious to the courts of other Member States. It must
bear in mind that EU law is drafted in several languages; that EU law uses terminology that is
peculiar to it; that legal concepts do not necessarily have the same meaning in EU law and the
law of the various Member States; and that EU law must be placed in its context.

How have the national courts tended to interpret 'acte clair'?

More loosely than CILFIT requires

The application of the CILFIT criteria for 'acte clair' requires a level of linguistic ability
beyond the expertise of the typical national court. The criteria are so difficult for national
courts to satisfy that, in practice, they have tended to interpret acte clair more loosely.
However, this approach carries risks, as demonstrated by Köbler (state liability in damages
would arise if it was manifestly apparent that a national court of last resort had failed to
comply with its obligations under Article 267(3), for instance by misapplying the doctrine of
acte clair) and Trajhetti (liability for damage caused by 'manifest errors' of interpretation of
EU law by a court of last instance could not be ruled out).

Which courts have the discretion to refer under Article 267(2)?

Any national courts.

Article 267(2) provides that 'any court or tribunal may, if it considers that a decision on the
question [pf EU law] is necessary to enable it to give judgement, request the ECJ to give a
ruling thereon.'

What principle was established in Da Costa?

A previous ruling of the Court of Justice removes the obligation of a court of last resort to
refer, where the facts and questions of interpretation are identical.

InDa Costa, the question referred was substantially the same as that referred in Van Gend.
The Court of Justice held that a previous ruling removes the obligation to refer, where the
facts and questions of interpretation are identical. Nonetheless, the Court affirmed that Article
267(2) allows a national court, if it considers it desirable, to 'refer questions of interpretation
to the Court again'.

In CILFIT, how did the Court of Justice extend the Da Costa principle concerning previous
rulings?

a previous ruling by the court of Justice removes the obligation to refer, even where the
questions at issue are not strictly identical.

What principle was established in Rheinmühlen?

A previous ruling on interpretation by a higher national court does not preclude a reference
by a lower national court.

National rules of precedent have no impact on the discretion to refer. A ruling of a higher
national court on an interpretation of EU law does not prevent a lower court in the national
system from requesting a ruling on the same provision.

What kind of action may be brought under article 258 TFEU?

Enforcement action against a membership.

Member states have a duty under article 4 TEU to fulfil their EU obligations. Under Article
258 TFEU, the European Commission may bring enforcement proceedings against a Member
State in breach of treaty obligations.

What does Article 259 do?

It allows similar actions to 258 TFEU to be brought by member states.

What does article 260 TFEU require?

Article 260 TFEU requires compliance with the Court's judgement. Originally, article 258
was intended to be the principal mechanism for enforcement of EU law. However, since the
developments of the doctrines of direct effect, indirect effect and state liability, enforcement
actions form only part of the system of 'dual enforcement' of EU law.

Which document begins formal proceedings at the administrative stage under Article 268
TFEU?

The 'letter of notice'

Article 258 provides that 'If the Commission considers that a member state has failed to fulfil
an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving
the state concerned the opportunity to submit its observations'.

It is the Commission's practice first to raise the matter informally with the Member state. If
not satisfied with the response, it commences the formal procedure, which begins with the
letter of notice. If no settlement can be negotiated, the Commission moves to the next phase,
the reasoned opinion.

What is the consequence if the matter is not settled by the time limit for a response to the
reasoned opinion?

The commission may commence proceedings in the Court of Justice.

Here, the Commission cannot rely on matters not raised in the reasoned opinion. Interested
member states, but not individuals, may intervene in the proceedings.

What is the effect of a successful article 263 action?

Annulment of the EU act

Article 263 provides judicial review of acts adopted by the EU institutions. Such acts may be
challenged on grounds of 'lack of competence, infringement of an essential procedural
requirement, infringement of this Treaty or of any rule of law relating to its application, or
misuse of powers'. If the challenge is successful the act is annulled.

What is meant by 'locus standi'?

The 'standing' or right to bring proceedings.

This is the most contentious element of Article 263. Whilst Member states, The European
Parliament, the council and the commission have automatic right of access to the court in
such cases, individuals' locus standi is limited.

Which term is often applied to individual applicants under Article 263?

Non privileged applicants. Member states, the Council, the Commission, and Parliament are
referred to as privileged applicants because they do not need to establish any particular
interest in the legality of the EU act which they are seeking to challenge. By contrast
individuals, comprising of natural persons (including individuals in business) or legal persons
(companies) have limited locus standi to bring article 363 proceedings.

Which test was set out by the Court of Justice in Plaumann?

The test for 'individual concern'

In Plaumann the court of Justice declared that persons other than those to whom a decision is
addressed are individually concerned only if the measure affects them 'by reason of certain
attributes which are peculiar to them or by reason of circumstances in which they are
differentiated from all other persons', The decision must distinguish them individually in the
same way that it distinguished the original addressee. In practice, the Plaumann test is very
difficult to satisfy, though, despite the difficulties, individuals have sometimes been able to
establish individual concern.

According to Lutticke which elements comprise the 'general principles common to the laws
of the Member states' referred to in article 340 TFEU?

Wrongful act, actual damage, causation.

For liability to arise, all three elements must be satisfied.

What is an Article 340 action?

Article 340 TFEU provides a mechanism for recovery of damages by individuals who have
suffered loss as a result of EU action. It is an independent form of action, so an applicant
need not first secure annulment of the act in question under Article 263 TFEU. In order to
succeed, the applicant must establish three elements of liability, namely a wrongful act, actual
damage and causation.

The article 340 action is an independent form of action, so an applicant need not first secure
annulment under Article 263.

Article 340 action - Schoppenstedt

In this case the court of justice applied a rigorous test in relation to general legislative
measures involving choices of economic policy, holding that liability would arise in respect
of these only where there was a 'sufficiently flagrant violation of a superior rule of law for the
protection of individuals'. In Bergaderm, the court took a different approach, aligning the
principles relating to state liability and EU liability.

What is the time limit for bringing proceedings under Article 340 TFEU?

Five years.

This is laid down by Article 46 of the Statue of the Court.

How may customs duties and charges having equivalent effect be classified?

Tariff barriers to trade.

Article 30 TFEU prohibits customs duties and charges having equivalent effect, which are
often classified as 'tariff barriers' to trade because they involve the direct payment of money.

How did the 'diamonds' case define 'customs duty' and a 'charge having equivalent effect'.

This case defined a customs duty as 'any pecuniary charge imposed on goods by reason of the
fact that they cross a frontier' and a charge having equivalent effect as 'any pecuniary charge
imposed on goods by reason of the fact that they cross a frontier and which is not a customs
duty in the strict sense'.

When will a charge for services rendered escape the scope of Article 30?

When the service is of direct benefit to the importer and the charge is proportionate to the
value of the service.

Member States have sometimes argued that charges on imports (or exports) fall outside
Article 30 because they are levied for services rendered.

Commission v Belgium (customs Warehouses) (case 132/82)

It is a difficult argument to sustain.

When is a national internal taxation system indirectly discriminatory?

When it taxes imported and domestically - produced goods equally but its effect is to
disadvantage imports.

What are directly discriminatory measures?

These are measures that openly tax imported and domestically - produced goods at different
rates. This kind of discrimination in taxation is rare as it is easily identified.

To what kind of measures does the Geddo definition refer: 'measures which amount to a total
or partial restraint of imports, exports or goods in transit'?

Quantitative restrictions

like customs duties, quantitative restrictions are generally easily recognised. They include
import quotas (partial restraints) which place a limit on the quantity of particular goods that
can be imported, and import bans (total restraints) which block the import of particular goods.

Which article of the TFEU prohibits quantitative restrictions on imports.

Article 34 TFEU

In which case did the Court of Justice define 'measures having equivalent effect'?

Dassonville

Measures having equivalent effect (MEQRs) take many different forms, such as health and
safety requirements, packaging requirements, and requirements relating to the composition or
marketing of goods. In Dassonville, the court of \justice defined MEQRs as 'All trading rules
enacted by Member states which are capable of hindering, directly or indirectly, actually or
potentially interstate trade'. article 34 TFEU prohibits MEQRS

How is an 'indistinctly applicable' MEQR defined?

A measure that applies equally to imported and domestic products.

Article 3 of Directive 70/50 refers to measures that are 'indistinctly applicable'.

They make no distinction between domestic and imported products.

Walter Rau - example of an indistinctly applicable measure

This case concerned a Belgian rule requiring all margarine for retail sale to be in cube shaped
form or packaging.

What is a distinctly applicable measure.

does not apply equally to imports and domestic products.

Dassonville-distinctly applicable

In this case, Belgian rule requiring goods bearing a designation of origin to be accompanied
by a certificate of origin applied only to imports.

Which principle dictates that, provided goods have been lawfully produced and marketed in
one Member state, there is no reason why they should not be introduced into another without
restriction?

The principle of mutual recognition.

According to this principle, set out by the court in Cassis de Dijon, free trade between
member states is based upon the assumption that goods lawfully produced and marketed in
one Member State are acceptable in another. This assumption will be set aside if the Cassis
'rule of reason; applies.

What is the 'Cassis' rule of reason?

The Cassis rule of reason provides that restrictions on trade resulting from national provisions
on product marketing, which differ from those applying in other Member states, are
permissible if they are necessary to satisfy one of the mandatory requirements.

Does the Cassis rule of reason apply to both distinctly and indistinctly applicable measures?

No, only indistinctly applicable measures.

A restrictive measure must not only satisfy the mandatory requirements but also be
proportionate.

Which case set out the rule that certain 'selling arrangements' do not fall within the
Dassonville formula?

Keck

In Keck, the Court of Justice indicated that its judgement was aimed at traders who invoke
article 34 TFEU to challenge national rules restricting their commercial freedom but do not
impede market access for imported products any more than for domestic products. Such
restricitons fall outside the scope of artcle 34. The Court of Justice held that measures
concerning 'selling arrangements' do not fall within Dassonville provided they 'apply to all
affected traders operating within the national territory and.. affect in the same manner, in law
and in fact, the marketing of domestic products and those from other member states'.

In relation to MEQR which treaty provision allows derogation from the principle of free
movement of goods?

Article 36 TFEU

It provides that 'Articles 34 and 35 shall not preclude prohibitions or restrictions on imports,
exports and goods in transit justified on grounds of public morality, public policy or public
security; the protection of health and life of animals, humans or plants; the protection of
national treasures possessing artistic, historic or archaeological value; or the protection of
industrial and commercial property.' Measures must be proportionate and must not constitute
a means of arbitrary discrimination or disguised restriction on trade. Unlike the Cassis rule of
reason, the Article 36 justifications can be applied to both distinctly and indistinctly
applicable MEQRs and quantitative restrictions. However, the Article 36 list of justifications
is exhaustive.

Which groups are included in the original treaty provisions that granted free movement rights
to 'economically active' persons?

Workers and the self employed.

Who is granted free movement under Article 45 TFEU?

Article 45 grants the free movement of workers.

Which treaty provision gives the right of establishment?

The right to move to another member state to set up and run a business or pursue a profession
is covered under article 49 TFEU

Which treaty provision provides the right to provide services in another member state?

Article 56 TFEU

What is contained in Directive 2004/38

Rights of free movement for family members, students, retired persons, and persons of
independent means, which were contained previously in subsequent secondary legislation.

Which status is established under Article 20 TFEU?

European Union Citizenship

The court of Justice has used Union citizenship as a basis for rights, for instance in Sala,
Grzelczyk and Baumbast.

Article 21 TFEU

This grants free movement rights to all Union citizens, subject to 'the limitations and
conditions' in the Treaty and secondary legislation.

How has directive 2004/38 extended the scope of 'family member'?

By including 'registered partners'.

The secondary legislation pre - dating directive 2004/38 made no reference to 'partner' only to
spouse.

The meaning of 'worker' in EU law is to be found in.....

Case law of the Court of Justice

Lawrie - Blum : clarification of 'worker' in EU law.

Court of Justice stated that the 'essential feature of an employment relationship is that for a
certain period of time a person performs services for and under the direction of another
person in return for remuneration'. The Court of Justice has interpreted 'worker' broadly,
including within its scope part-time work (Levin, Kempf), persons on fixed-term contracts
(Ninni-Orasche). Jobseekers also have rights, Union citizens being entitled to enter and
remain in another Member State to seek work (Directive 2004/38, Article 14).

What principle is enshrined in Article 45(2) and reiterated in Regulation 429/2011 in relation
to workers?

Non - discrimination

Under Article 45(2) freedom of movement entails the abolition of any discrimination between
workers of the Member States as regards employment, remuneration and other conditions of
employment. Regulation 492/2011 provides for equality between EU migrant workers and
workers of the host state with respect to access to employment and conditions of
employment. Directive 2004/38 also incorporates the right to equality of treatment for
persons falling with its scope, including workers.

In addition to freedom of establishment, which principle is enshrined in Article 49 TFEU in

relation to the self - employment?

Non - discrimination
Article 18 is supplemented by Article 49 TFEU, which includes the right to pursue activity
'under the conditions laid down for its own nationals by the law of the country where such
establishment is effected'. Whilst providing for equality, this provision can be problematic
when applied to host state rules concerning professional conduct and professional
qualifications, which may hinder or make less attractive the exercise of free movement rights.
Persons wishing to exercise the right of establishment may well find the host state's
requirements difficult or impossible to satisfy, even though they comply with their home
state's requirements.

What is the key equality provision for the self employed?

Article 18 TFEU sets out the general principle of non - discrimination on grounds of
nationality 'within the scope of application of the treaty'

How has the EU sought to address the problems associated with free movement and the
recognition of qualifications?

Through the process of harmonisation.

with the adoption of 12 sectoral directives setting out the requirements for particular trades
and professions. As progress was slow, a new approach was subsequently taken, with the
adoption of Directive 89/48 providing for the mutual recognition of qualifications. Almost all
the existing harmonizing legislation was replaced and consolidated by Directive 2005/36
covering 'regulated professions' and applying to all EU citizens seeking to practise, as
employed or self-employed persons, in a Member State other than that in which their
qualification was obtained. In relation to services, Directive 2006/123 provides for free
access to and free exercise of a service activity within another Member State, subject to the
application of non-discriminatory, necessary, and proportionate restrictions.

On what grounds may Member States restrict rights of free movement?

Public policy, public security or public health.

Articles 45(3), 52 and 62 TFEU allow Member States to restrict the rights of entry and
residence, respectively, of EU migrant workers, persons exercising the right of establishment,
and those providing services on grounds of public policy, public security, or public health.

Which secondary legislation elucidates the scope of 'public policy, public security or public
health'

Directive 2004/38 draws on the provisions of Directive 64/221, which it repealed, and also
consolidates the pre-existing case law.
Which provision of Directive 2004/38 sets out the scope of the public policy and public
security grounds?

rticle 27 of Directive 2004/38 requires that measures taken on public policy or public security
grounds must be proportionate and based exclusively on the personal conduct of the
individual concerned. The personal conduct must represent a 'present' threat to the
requirements of public policy. Article 27 precludes public policy and public security
justifications that are 'isolated from the particulars of the case or that rely on considerations of
general prevention'. Previous criminal convictions are not in themselves grounds for
measures taken on public policy or public security grounds. All these principles have been
applied by the Court of Justice. Look at Orfanopoulos and Oliveri (a 'present' threat to public
policy, proportionality); Van Duyn, Calfa (personal conduct); Bonsignore (general
preventative measures); and Bouchereau (previous criminal convictions).