1.Easy
Which EU institution proposes most new EU legislation?
- AThe European Commission
- BThe European Central Bank
- CThe Court of Justice
- DThe European Parliament
2.Easy
Which of these is an exclusive competence of the EU under Article 3 TFEU?
- AThe common commercial policy
- BTourism
- CEducation and culture
- DHealth care organisation
3.Easy
The Schengen area mainly concerns:
- AThe common rules on competition between companies
- BThe use of the euro as a single currency
- CThe election of the European Parliament
- DThe abolition of checks on persons at internal borders
4.Medium
The Cassis de Dijon judgment introduced:
- AEU citizenship
- BMutual recognition and mandatory requirements as justifications for indistinctly applicable measures
- CThe rule that indistinctly applicable measures can be justified only on the grounds listed exhaustively in Article 36 TFEU
- DState liability
5.Medium
Internationale Handelsgesellschaft (1970) held that the validity of a Community measure:
- ACan be reviewed by any national court that doubts it
- BDepends on its compatibility with the fundamental rights in each national constitution
- CCannot be affected by claims that it breaches national constitutional rights
- DRequires approval by a national referendum
6.Medium
In Simmenthal (1978), the Court of Justice held that a national court faced with a national law conflicting with EU law must:
- AWait for the national constitutional court to annul the law before it can disapply it
- BAsk the national parliament to amend the law first
- CSet the national law aside of its own motion, without waiting for it to be repealed
- DApply the national law if it was adopted later
7.Hard
In AKZO (1991), the Court of Justice stated that a market share of 50% or more:
- AIs required before any investigation of dominance
- BIs automatically an abuse of a dominant position, without any further analysis being needed by the Commission
- CCan in itself be evidence of a dominant position, in the absence of exceptional circumstances
- DIs irrelevant to the assessment of dominance
8.Hard
In Unión de Pequeños Agricultores (UPA, 2002), the Court of Justice held that the Plaumann test:
- AWas incompatible with the European Convention on Human Rights
- BCould not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
- CApplies only to regulations, not to decisions
- DShould be relaxed, as the Advocate General proposed, to a "substantial adverse effect" test wherever no national remedy exists
Answer key
- 1. A · The European Commission
- 2. A · The common commercial policy
- 3. D · The abolition of checks on persons at internal borders
- 4. B · Mutual recognition and mandatory requirements as justifications for indistinctly applicable measures
- 5. C · Cannot be affected by claims that it breaches national constitutional rights
- 6. C · Set the national law aside of its own motion, without waiting for it to be repealed
- 7. C · Can in itself be evidence of a dominant position, in the absence of exceptional circumstances
- 8. B · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
Full step-by-step solutions: practise this topic on examproblems.com.