1.Easy
An EU directive must be:
- AApproved by a referendum in each state
- BIgnored if the state disagrees
- CTransposed into national law by a deadline
- DApplied directly without any national measure
2.Easy
Under the Lisbon rules, a qualified majority in the Council normally requires:
- ATwo-thirds of member states and half of the population
- BAll member states except one
- CA simple majority of member states, provided they represent at least half of the EU population
- DAt least 55% of member states representing at least 65% of the EU population
3.Easy
Members of the European Parliament are:
- AElected by national parliaments only
- BAppointed by national governments
- CDirectly elected by citizens of the member states
- DChosen by the Commission
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
- BOwned by private shareholders but regulated by law
- CAny private body that receives a public contract from the state, whatever its powers or functions
- DMade responsible by the state for a public service under its control, with special powers
5.Medium
Directives generally do NOT have:
- AVertical direct effect against the state
- BHorizontal direct effect between private parties
- CBinding force after the transposition deadline
- DAny legal effect at all
6.Medium
A member state taxes imported whisky more heavily than a similar domestic spirit. Which provision is most directly breached?
- AArticle 30 TFEU on customs duties and charges having equivalent effect
- BArticle 110 TFEU on discriminatory internal taxation
- CArticle 101 TFEU on cartels
- DArticle 45 TFEU on workers
7.Hard
In Unión de Pequeños Agricultores (UPA, 2002), the Court of Justice held that the Plaumann test:
- AApplies only to regulations, not to decisions
- BShould be relaxed, as the Advocate General proposed, to a "substantial adverse effect" test wherever no national remedy exists
- CWas incompatible with the European Convention on Human Rights
- DCould not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
8.Hard
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
- AAny regulation, whether legislative or not
- BAn act addressed to a specific individual
- CAn act of general application other than a legislative act
- DAny act adopted by the Commission or the Council
Answer key
- 1. C · Transposed into national law by a deadline
- 2. D · At least 55% of member states representing at least 65% of the EU population
- 3. C · Directly elected by citizens of the member states
- 4. D · Made responsible by the state for a public service under its control, with special powers
- 5. B · Horizontal direct effect between private parties
- 6. B · Article 110 TFEU on discriminatory internal taxation
- 7. D · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
- 8. C · An act of general application other than a legislative act
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