1.Easy
Which pair of treaties forms the basis of the EU after the Lisbon Treaty?
- AThe Charter of Fundamental Rights of the EU and the European Convention on Human Rights
- BThe Treaty of Rome and the Treaty of Paris
- CThe Schengen Agreement and the Maastricht Treaty
- DThe Treaty on European Union and the Treaty on the Functioning of the European Union
2.Easy
Under Article 258 TFEU, infringement proceedings against a member state are normally started by:
- AA national court
- BThe European Parliament
- CThe European Commission
- DAn individual citizen
3.Easy
Who represents the member state governments in EU law-making?
- AThe Court of Auditors
- BThe European Commission
- CThe European Parliament
- DThe Council of the EU
4.Medium
In Foster v British Gas (1990), the Court held that a directive can be relied on against a body that is:
- AAny large company with more than 500 employees
- BAny private body that receives a public contract from the state, whatever its powers or functions
- COwned by private shareholders but regulated by law
- DMade responsible by the state for a public service under its control, with special powers
5.Medium
In Commission v Ireland ("Buy Irish", 1982), a campaign promoting Irish products breached Article 34 because:
- AIt set quotas on goods from other member states
- BIt imposed a charge having equivalent effect to a customs duty on goods imported from other member states
- CIt was run by private companies without state involvement
- DIt was a state-supported measure capable of influencing traders to prefer domestic goods
6.Medium
What is the consequence under Article 101(2) TFEU of an agreement prohibited by Article 101(1) and not exempted?
- AIt remains valid but cannot be enforced against consumers
- BIt is automatically void
- CIt must be renegotiated within a year
- DIt becomes a state aid
7.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
8.Hard
In Solange II (1986), the German Federal Constitutional Court held that it would not review Community law against German fundamental rights:
- AUntil Germany adopted the euro
- BUnless the European Parliament had approved the measure
- CAs long as the Community ensured effective protection of fundamental rights substantially similar to the German standard
- DUnder any circumstances, as Community law is always supreme
Answer key
- 1. D · The Treaty on European Union and the Treaty on the Functioning of the European Union
- 2. C · The European Commission
- 3. D · The Council of the EU
- 4. D · Made responsible by the state for a public service under its control, with special powers
- 5. D · It was a state-supported measure capable of influencing traders to prefer domestic goods
- 6. B · It is automatically void
- 7. B · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
- 8. C · As long as the Community ensured effective protection of fundamental rights substantially similar to the German standard
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