1.Easy
The free movement of capital under Article 63 TFEU applies to movements:
- AOnly between member states, and with third countries only by special agreement
- BBetween member states and also between member states and third countries
- COnly between member states of the euro area
- DOnly to transfers made by governments
2.Easy
Under Article 288 TFEU, recommendations and opinions:
- ABecome binding after five years
- BAre binding on all member states
- CBind only the Commission
- DHave no binding force
3.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
- CThe EU may act in any area where it considers action useful to achieve the Treaties' objectives
- DMember states must obtain EU consent for all national laws
4.Medium
If a member state does not comply with a Court judgment finding an infringement, under Article 260(2) TFEU the Court can:
- AImpose a lump sum or penalty payment on the state
- BAnnul the conflicting national law itself
- CExpel the state from the EU
- DSuspend the state's voting rights in the Council
5.Medium
Which of these can NOT be used to justify a restriction on imports under Article 36 TFEU?
- APublic morality
- BProtection of industrial and commercial property
- CProtection of human health
- DProtecting the national economy from competition
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 register with the police on arrival
- CWith only a valid identity card or passport and no other conditions
- DOnly if they prove sufficient resources and comprehensive sickness insurance
7.Hard
In Grzelczyk (2001), a French student in Belgium was refused a minimum subsistence allowance. The Court held:
- AThe allowance was outside EU law entirely
- BOnly workers may claim social benefits in a host state
- CStudents have no rights under EU law in a host state
- DUnion citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
8.Hard
The "Melloni" judgment held that a member state may NOT:
- AApply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
- BEver protect fundamental rights more than the EU
- CRefer questions to the Court of Justice
- DExecute any European Arrest Warrant
Answer key
- 1. B · Between member states and also between member states and third countries
- 2. D · Have no binding force
- 3. A · The EU acts only within the competences the member states have given it in the Treaties
- 4. A · Impose a lump sum or penalty payment on the state
- 5. D · Protecting the national economy from competition
- 6. C · With only a valid identity card or passport and no other conditions
- 7. D · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
- 8. A · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
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