Europees Recht - UvA - Deeltoets I 2014

Multiple Choice Questions

Question 1

The Tobacco Advertising Case (C-376/98) teaches us that:

1. The EU Member States may adopt legislation on the protection of public health as long as this does not result in a distortion of competition

2. The EU Member States are exclusively competent in the area of health care policy

3. The EU is never competent to adopt measures in the field of public health

4. The European Union is competent to adopt measures in the field of public health in case such measures remove the obstacles to trade

Question 2

Under the ‘ordinary legislative procedure’:

1. Neither the European Parliament nor the Council of Ministers can block the adoption of a EU act

2. The European Parliament cannot block the adoption of a EU act

3. The Council of Ministers cannot block the adoption of a EU act

4. Both the European Parliament and the Council of Ministers can block the adoption of a EU act

Question 3

José-Manuel Barroso (President of the European Commission) is also a member of what other EU Institution, in addition to the European Commission?

1. The Council of Ministers

2. The European Council

3. The European Central Bank

4. The European Parliament

Question 4

Which of the following statements is true / false?

1. Under Article 352 TFEU the European Union can adopt legislation to harmonize the laws of the Member States in the field of the protection of human health.

2. The ‘ordinary legislative procedure’ is applicable when the EU wants to harmonize laws of the Member States for the improvement of the functioning of the Internal Market.

1. Statement I is true, Statement II is false

2. Statement I is false, Statement II is true

3. Both Statements are true

4. Both Statements are false

Question 5

When the Council of Ministers takes a ‘qualified majority vote’ before 1 November 2014:

1. The individual EU Member States have a veto

2. The Dutch Minister has a weighted vote worth more ‘points’ than the Croatian Minister

3. The German Minister has a vote worth more weighted points than the vote of the Italian Minister

4. The act must be approved by at least 65% of the EU Member States, representing at least 55% of the population of the EU

Question 6

1. One of the sources of law that inspire the European Court of Justice to ‘discover’ General Principles of EU law is international law, such as the European Convention for the Protection of Human Rights and Fundamental freedoms.

2. The European Court of Justice had increased the effectiveness of EU law as a consequence of its judgment in Van Gend & Loos.

1. Statement I is true, Statement II is false

2. Statement I is false, Statement II is true

3. Both Statements are true

4. Both Statements are false

Question 7

A directive adopted by the EU Institutions:

1. Contains a deadline for its implementation by the EU Member States in their domestic legal order’

2. Is directly effective after its publication in the Official Journal of the EU

3. Needs to be adopted in accordance with the ‘ordinary legislative procedure’

4. Relates to a ‘shared competence’

Question 8

The European Commission:

1. Must resign as a body after the European Parliament adopted a motion of censure

2. Can dissolve the Council of Ministers and call for new European elections

3. Appoints the members of the European Parliament

4. Elects the members of the Court of Justice of the EU

Question 9

The European Union was established as an international organisation by:

1. The Treaty of Nice (2000)

2. The Constitutional Treaty (2004)

3. The Treaty of Maastricht (1992)

4. The ‘Reform Treaty’ (2007)

Question 10

Which of the following legal bases prescribes a ‘special legislative procedure’?

1. Art. 352 TFEU

2. Art. 114(1) TFEU

3. Art. 82(1) TFEU

4. Art. 168(5) TFEU

Question 11

The ESM Amendment Decision:

1. Is a step in the revision of the Treaty on European Union

2. Is a step in the application of the ordinary revision procedure

3. Is a decision taken by the Council of Ministers

4. Has amended since 1 May 2013 the Treaty on the Functioning of the European Union

Question 12

Supremacy of EU law means that:

1. EU law can be directly invoked before a national court of a Member State

2. In case of a conflict with national law, EU law shall prevail

3. EU law is subjected to the national constitutions of the Member States

4. The ECJ always has jurisdiction to answer any question from a national court of the Member States

Question 13

An example of ‘secondary Union law’ includes:

1. Article 114 TFEU

2. The constitutional traditions common to the Member States

3. The Council Framework Decision on the European Arrest Warrant

4. The Charter of Fundamental Rights of the EU

Question 14

If one knows the legal basis upon which a EU act is adopted, one can tell:

1. What type(s) of legislative act(s) may be adopted by the EU institutions

2. Whether the EU act has direct effect

3. Whether the act is in accordance with the subsidiarity principle

4. Whether the act is in compliance with the Charter of Fundamental Rights of the EU

Question 15

Which statement(s) is/are true?

1. Since the Treaty of Lisbon has entered into force, the EU has ceased to be an independent international organisation.

2. After all member states and Montenegro have ratified the accession treaty for Montenegro to join the EU, Montenegro will be the 29th EU Member State.\

1. Statements I and II are true

2. Statements I and II are false

3. Statement I is true; Statement II is false

4. Statement I is false; Statement II is true

Question 16

‘Shared competence’ between the EU and the EU Member States implies that:

1. The EU can act only when the EU Member States have not acted in a certain area

2. The principle of subsidiarity does not apply

3. The EU Member States can act if the EU has ceased to exercise its competence

4. Both the EU Member States and the EU can each always act independently from one another

Question 17

National courts of the EU member states cannot:

1. Declare an EU directive valid

2. Independently apply EU law

3. Refer preliminary references to the European Court of Justice under article 267 TFEU

4. Invalidate an EU regulation if it conflicts with the Treaty on the functioning of the European Union

Question 18

The Member State Governments are capable of:

1. Submitting EU legislative proposals under art. 267 TFEU

2. Amending an EU regulation after ratification of such amendment in accordance with their respective constitutional requirements

3. Introducing national legislation in the field of the common commercial policy

4. Submitting a proposal to start the ‘ordinary revision procedure ’of the Treaty on European Union and/or the Treaty on the Functioning of the European Union

Question 19

The principle of subsidiarity ensures that:

1. The European Union shall only act if the objectives of the proposed action cannot be sufficiently achieved by the Member States

2. The European Union shall not legislate in areas of law that fall under the exclusive competence of the EU Member States

3. The European Union shall always act in accordance with human rights

4. The European Union shall not impose obligations upon citizens that are not necessary to achieve a certain policy aim

Question 20

The European Parliament shall:

1. Propose candidates for any post of European Commissioner

2. Adopt legislation concerning the internal market without the cooperation of the Council

3. Adopt EU legislation together with the European Council

4. Elect the new President of the European Commission

Question 21

The term ‘direct applicability’ refers to

1. the way EU directives should operate in the member states

2. the status of EU law in the national legal orders of the member states

3. both concepts mentioned under 1) and 2)

4. neither concept mentioned under 1) and 2)

Question 22

For accession of Montenegro to the EU it is not necessary that:

1. The accession Treaty is ratified by the Dutch parliament

2. The accession Treaty is ratified by the Montenegrin parliament

3. The accession treaty is ratified by the European Commission

4. The European Parliament gives its consent

Question 23

What is nota substantive condition to EU lawmaking?

1. An EU act must be based on a Commission proposal

2. An EU act must respect the principle of subsidiarity

3. An EU act must respect the EU Charter of Fundamental Rights

4. An EU act must respect the principle of proportionality

Question 24

Article 37 of the EU Charter of Fundamental Rights

1. can be legally enforced in relation to EU acts that render it concrete

2. can only be legally enforced before the ECJ

3. can only be legally enforced before national courts

4. is a typical example of a ‘right’ protected by the EU Charter on Fundamental Rights

Question 25

The European Court of Justice

1. consists of a number of judges that is smaller than the number of member states

2. is a component body (‘branch’) of the EU Institution called ‘Court of Justice of the European Union’

3. cannot answer questions for a preliminary ruling from the Hoge Raad

4. can only interpret the ‘acquis communautaire’

Question 26

Article 195 TFEU is an example of:

1. A shared power of the EU

2. An exclusive power of the EU

3. A legal basis that authorizes the EU to act

4. A directly effective Treaty provision

Question 27

In the ordinary legislative procedure, the European Parliament can reject the Council’s position in ‘Second Reading’

1. by a majority of the votes cast

2. by a majority of its component members

3. by a unanimous vote

4. by a qualified majority vote

Question 28

For accession of the EU to the European Convention of Human Rights

1. there was no legal basis in the TEU or TFEU prior to the Treaty of Lisbon

2. a treaty is necessary between the EU and the United States of America

3. the EU Charter of Fundamental Rights first had to be amended

4. the EU Member States first have to withdraw from that Convention to avoid a ‘treaty dilemma’ for the EU Member States

Question 29

The principle of subsidiarity in EU law cannot

1. be reviewed by national parliaments

2. be applied in the areas of exclusive competences of the EU

3. be reviewed by the ECJ

4. be applied in the areas of shared competence of the EU

Question 30

The EU Citizens’ Initiative

1. is addressed to the European Parliament and Council

2. requires that ‘signatories’ come from at least 55% of the EU Member States

3. is open to all ‘signatories’ that live in the EU, regardless of their nationality

4. should be signed by no less than 1,000,000 EU citizens

Open Questions

Question 1

Source Analysis (max. 20 points) read carefully case Simmenthal II

1. How did this case come before the ECJ?

2. The judgment mentions several times the term ‘Community Law’. Explain what this term historically refers to and explain why today it has become an old-fashioned term. (Max. 5 points; max. 100 words)

3. Is there a difference between the relationship between EU law and existing Italian law on the one hand and between EU law and new, subsequently adopted, Italian law on the other hand? (Max. 10 points; max. 150 words)

Question 2

Case (max. 20 points)‘Goose Torture a.k.a. “Foie Gras”’Goose liver (‘Foie Gras’) is an expensive delicatesse much appreciated by the more fashionable restaurants. Originally a French product, it is produced by force feeding geese so that their liver expands to an unnaturally large size before the geese are slaughtered and the livers sold for consumption. Animal’s rights organizations have been fighting this production method for years as the force feeding of the geese is said to be very painful for them, if not downright torture! In some countries in the EU, such as Denmark, law prohibits this production method whereas in other Member States, like Poland and France, force-feeding the geese is allowed under French respectively Polish law. The result is that for Danish producers of foie gras, the production is very costly (they can only produce smaller livers) whereas Polish or French producers can produce larger livers which means a lower production cost per kilogram. As a result, Danish foie gras costs about 100 Euro per kilogram whereas Polish or French foie gras comes at about 60-70 euros per kilogram. The Danish Government wants EU legislation to render the differences in legislation between the Member States smaller as the Danish producers of foie gras now suffer unfair competition from their French and Polish competitors.

1. Would the EU indeed have the attributed power to adopt legislation that harmonizes the differences in national legislation on the production methods of foie gras? Mention the most appropriate legal basis and provide the legal reasoning as to why this would be the most appropriate legal basis. (Max. 10 points; max 200 words)

Two years later, the EU indeed adopts a directive that deals with the production of foie gras in the EU. Geese are no longer allowed to be force fed until they have reached a certain age. A number of animal rights organizations feel that the EU directive, although a step in the right direction, does not go far enough at it still allows for force feeding of (older) geese. They want the directive legally tested on compliance with animal rights. Before any legal action from the part of these animal rights organizations starts, the Commission releases a press statement in which it claims that such legal action is doomed to fail since the protection of animal rights is not part of the EU Charter of Fundamental Rights and therefore legal review of the directive in the light of animal rights is legally not possible.

2. Give your legal assessment of the Commission’s press statement on this matter. Is the statement that review of the directive is not possible necessarily correct? (Max. 5 points; max. 150 words)

3. What do you think the response of the Danish Government to the Danish Parliament will be? (Max. 5 points; max. 50 words)

Answers Multiple Choice Questions

1. d

2. d

3. b

4. b

5. b

6. c

7. a

8. a

9. c

10. a

11. d

12. b

13. c

14. a

15. d

16. c

17. d

18. d

19. a

20. d

21. b

22. c

23. a

24. a

25. b

26. c

27. b

28. a

29. b

30. d

Answers Open Questions

Question 1

1. This question came before the Court through the preliminary reference procedure (this term must be mentioned in full); see par. 1 of the case. The present article in which this procedure is laid down is art. 267 TFEU (before the Treaty of Lisbon that was article 234 TEC). NB: the correct post-Lisbontreaty Article is a vital element in this answer as students must knowhow to transpose old treaty numbers to current ones. (par. 1 HvJ EU Simmenthall II & art. 267 VWEU)

2. In Simmenthal, the Court refers to the law of the European Economic Community. The former European (Economic) Community, and hence Community law, has ceased to exist on 1-12-2009when the Treaty of Lisbon revised the Treaties and turned them into the Treaty on the European Union and the Treaty on the Functioning of the European Union. See also Article 1 TEU: “The Union shall replace and succeed the European Community”. (art. 1 VEU)

3. The answer is no. The principle of supremacy means that in case of conflicts between EU law and national law, EU law takes precedence and the national law cannot be applied. The national law is inapplicable. This applies irrespective of whether the national law was already in existence or has been adopted after the adoption of EU law. Paragraph 21 of the judgment states clearly “that every national court must, in a case within its jurisdiction, apply Community law in its entirety and protect rights which the latter confers on individuals and must accordingly set aside any provision of national law which may conflict with it, whether prior or subsequent to the Community rule. ”Paragraph 24 of the judgment also states this. “[...] A national court [...] is under a duty to give full effect to those provisions of Community law (...) even if adopted subsequently”. The answer can also be inferred from the case of Costa ENEL where it is stated that “The obligations undertaken under the Treaty establishing the Community would not be unconditional, but merely contingent, if they could be called in question by subsequent legislative acts of the signatories.” (par. 24 HvJ EU Simmenthall II & HvJ EU Costa ENEL)

Question 2

1. Yes the EU would have the attributed power to harmonize the differences in national legislation on the production methods of foie gras. The appropriate legal base would be article 114 TFEU. In the case Tobacco advertising the court explained (in paragraph 95) that the conditions for the use of that article are the following: the directive needs to contribute to the elimination of distortions of free movement of goods or services and/or the elimination of distortion of competition. ONLY the latter reason is a proper ground in this case to use art. 114 TFEU (Not the first ground). In this situation the rules on production of froie gras vary greatly in the respective member states as a result of which the production costs vary among the member states. A directive that would harmonize the differences in national legislation on the production methods of foie gras, would therefore indeed contribute to the elimination of distortion of competition. (art. 114 VWEU & par. 95 HvJ EU Tobacco Advertising)

2. No, there are also the General Principles of Union’s law that must be checked. Maybe these contain animal rights. Thus, the ECFR is not the only EU source against which the directive can be checked. It can also be checked against other EU legal sources. All EU legislation MUST also comply with the General principles of EU law and with other provisions in the Treaties (primary law) such as art. 13 TFEU. After the adoption of the EU directive on foie gras, a lot of foie gras enters the EU internal market that is imported from China. This Chinese foie gras is produced under circumstances that are even worse than those under which foie gras was produced in France and Poland prior to the adoption of the EU directive. The Danish Parliament asked the Danish Government to impose very high customs duties on such Chines foie gras upon entry into the Danish market.

3. EU Member States cannot impose or modify customs duties. The European Union has exclusive competence in the area of customs union (Art. 3(1)(a)TFEU). As a consequence, Member States are not able to legislate any more in this area.(art. 2(1)TFEU). The customs union involves the prohibition of customs duties between Members States, and the establishment of a Common Customs Tariffs for products originating from third countries (Art. 28 TFEU). The Danish government will therefore explain its Parliament that it has no competence to impose customs duties on Chinese products.