1.Easy
The principle of conferral (Article 5(2) TEU) means that:
- AThe EU acts only within the competences the member states have given it in the Treaties
- BPowers not used by the EU pass to the Commission
- CMember states must obtain EU consent for all national laws
- DThe EU may act in any area where it considers action useful to achieve the Treaties' objectives
2.Easy
Which pair of treaties forms the basis of the EU after the Lisbon Treaty?
- AThe Schengen Agreement and the Maastricht Treaty
- BThe Treaty on European Union and the Treaty on the Functioning of the European Union
- CThe Treaty of Rome and the Treaty of Paris
- DThe Charter of Fundamental Rights of the EU and the European Convention on Human Rights
3.Easy
Under Article 288 TFEU, recommendations and opinions:
- ABecome binding after five years
- BBind only the Commission
- CHave no binding force
- DAre binding on all member states
4.Medium
According to Gebhard (1995), what mainly distinguishes establishment from the provision of services?
- AEstablishment always requires forming a company
- BServices are provided only through a permanent office or branch in the host member state
- CServices can only be provided by employees
- DEstablishment involves activity on a stable and continuous basis in the host state
5.Medium
Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:
- AAll national parliaments
- BA simple majority of the votes of the Members of the European Parliament
- COne third of the votes allocated to national parliaments
- DTwo member state governments
6.Medium
Under Directive 2004/38, an EU citizen may reside in another member state for up to three months:
- AOnly if they have a job offer in that state
- BOnly if they prove sufficient resources and comprehensive sickness insurance
- CWith only a valid identity card or passport and no other conditions
- DOnly if they register with the police on arrival
7.Hard
In Mangold (2005) and Kücükdeveci (2010), the Court allowed an individual to rely on EU law against a private employer because:
- AThe employer was an emanation of the state
- BThe directive on equal treatment in employment had horizontal direct effect in itself after the transposition deadline
- CThe prohibition of age discrimination is a general principle of EU law, given expression in a directive
- DThe national law had been annulled by the Commission
8.Hard
In Opinion 2/13 (2014), the Court of Justice held that the draft agreement on EU accession to the ECHR:
- AWas incompatible with the Treaties, in part because it threatened the autonomy of EU law
- BWas unnecessary because the EU had already acceded
- CCould only be ratified by a referendum in each state
- DWas compatible with the Treaties, provided the Council approved it unanimously after consulting Parliament
Answer key
- 1. A · The EU acts only within the competences the member states have given it in the Treaties
- 2. B · The Treaty on European Union and the Treaty on the Functioning of the European Union
- 3. C · Have no binding force
- 4. D · Establishment involves activity on a stable and continuous basis in the host state
- 5. C · One third of the votes allocated to national parliaments
- 6. C · With only a valid identity card or passport and no other conditions
- 7. C · The prohibition of age discrimination is a general principle of EU law, given expression in a directive
- 8. A · Was incompatible with the Treaties, in part because it threatened the autonomy of EU law
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