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Introduction to international and European law exam + answers
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Introduction to international and European law exam + answers
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INT/EU law tentamen 13 juni 2019 vragen1. There are several reasons why Member States gave up part of their sovereignty while joinging
the EU. Which of the following reasons did NOT play a role?
The EU member states
a. Intended to create a European superstate
b. sought to develop a new model of political cooperation for peace in Europe
c. believed they would be politically and economically stronger within the EU
2. What is the difference between a regulation and a directive?
a. a directive is binding only as to the result; whereas a regulation is binding in its entirety
b. a regulation is addressed to the Member State, whereas a directive is not
c. a directive is directly applicable, whereas a regulation is not
3. Is the following – fictitious – provision of an EU regulation capable of having direct effect?
“Member states shall ensure that employers do not discriminate between men and women I
in respect of holiday entitlement”
a. yes, the phrasing is sufficiently clear and unconditional
b. yes, a regulation has always direct effect
c. no, the provision is only binding on the member states
4. Which of the following secondary law EU legal instruments does NOT have vertical direct effect?
a. recommendations
b. regulations
c. directives
5. Which of the following arguments can be used to justify the “no-horizontal-direct-effect-rule”
for directives in EU law?
Giving horizontal direct effect to directives would:
a. exclude the possibility of indirect effect
b. create a disadvantage for a private party since the actor responsible for the
implementation of a directive is the state
c. undermine the effet utile of directives since it would circumvent the national procedure
usually applied to transpose directives
6. What did the Court of Justice of the EU rule in Costa v. ENEL?
a. EU law prevails over national law, since its executive force must not vary from one state to
another.
b. EU law prevails over national law, except if it violates national constitutions.
c. EU law prevails over all earlier but not over future national law.
7. Which limitations did the German Constitutional Court (GCC) put on the supremacy of EU law?
a. Supremacy is relative as it is limited by the constitutional identity of the German State and
by the GCC’s ultra vires review.
b. Supremacy is relative as it is limited by the EU’s fundamental rights guarantees.
c. Supremacy is absolute as long as the EU acts within the scope of its competences.
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