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EU examiner report 2017 zone B
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Examiners’ reports 2017Examiners’ reports 2017
LA3024 EU law – Zone A
Introduction
The exam paper
The exanimation paper for Zone A and Zone B adopted the standard format
consisting of a mix of essays questions and problems questions. The content
reflected the syllabus based on the module guide, the study pack and on the
recommended readings. This is the second exam based on the fully revised EU law
guide. It is important to note that the clear majority of papers – even the weakest ones
– at least showed some understanding of the topics. Answers completely unrelated
to the questions nearly disappeared. It is to be repeated how crucial is to spend few
minutes reading the questions very carefully before ‘jumping’ into answering them.
2017 confirmed also last year’s trend with some excellent answers on those
questions that required command of some of the most some topical issues and recent
developments. As in the previous year, questions such as the one on the importance
of EU rights have been brilliantly answered, with students displaying the ability of
linking different topics. Some bad fails with the candidate scoring 0 are to be reported.
We would also like to reiterate an observation we made in previous years: time
management. Many candidates have struggled to answer the four questions
evenly. Quite clearly, some students spent too much time answering two or
three questions and had to resort to either excessively short answers or in
some cases just a skeleton answer. It should be reiterated that the assessment
of the exam is on four answers and students should always be encouraged to
learn how to manage time effectively, devoting equal time and attention to each
of the questions.
Note that errors in the extracts below were present in the original extracts.
Comments on specific questions
Question 1
‘Issues such as direct effect, supremacy and human rights are simply too
important to await action by the Council and the Commission. The very lack
of strong political institutions explains the Court of Justice of the European
Union’s (CJEU) bold activism.’
Discuss.
General remarks
This question should be easy for students as it is a deliberate choice of the EU
examiners always to include a debate on the most important constitutional doctrines
of EU law and the role of the Court.
1
, Law cases, reports and other references the examiners would expect you to
use
Case 26/62 Van Gend en Loos v Nederlandse Administratie der Belastingen [1963]
ECR 1.
Case 6/64 Costa v Enel [1964] ECR 585.
Joined Cases C-6 and C-9/90, Francovich and others [1991] ECR I-5357.
Case C-106/77 Simmenthal II [1978] ECR 629.
R v Secretary of State for Transport, ex parte Factortame (No 2) [1991] 1 AC 603.
Case C-131/12 Google Spain SL 13 May 2014.
Safe Harbour Decision 2015.
Opinion 1/1/3 on ECHR accession.
Common errors
Common errors were providing just the definition of directives and regulations and
not addressing the role of the Court of Justice.
A good answer to this question would…
understand that the question focused on some of the most important developments
of EU law: direct effect supremacy and, more recently, the shaping of EU human
rights case law. Thus, students should explain why these doctrines are so
‘essential’ and how they are linked (all of them are about ensuring the full
application of EU law). They would need to show understanding of how the Court of
Justice has helped advancing European integration in these matters, even though
there was little to rely on in the Treaties. As a minimum, students will need to talk
about Van Gend en Loos, Costa, Simmenthal, with better papers discussing the
challenges raised by the principle of direct effect with regards to directives as well
as making reference to the fact that the reception of the principle of supremacy in
the Member States is not always easy. The papers will need to mention human
rights case law, and should include also basic analysis of the post-Charter case law
such as Test Achats, Fransson, Meloni, Digital Rights Ireland, Google Spain.
Poor answers to this question…
just listed the requirements for direct effect of Treaty articles, regulations and
directives with no discussion on the implications of supremacy or discussion on the
Court.
Question 2
A & B Ltd operates regular cross-channel ferry services between Dover in the
UK and Calais in France. The UK immigration authorities fined A & B £50,000
for a breach of the (fictitious) Carriers Liability Act 2015. The Act allows the
immigration authorities to impose a penalty of £50,000 on transportation
providers if a passenger carried by them fails to produce a valid passport or
visa. During a spot check the UK Customs Police found 150 passengers on a
ferry operated by A & B without valid documents. Consequently it was
decided to suspend the operation of the specific ferry until further notice. A &
B contends that the provision of the Carriers Liability Act 2015 and the
decision to block one of the ferries constitute an unjustified obstacle to its
activities, in particular to the right to provide services.
A & B asks your advice as an expert in EU law.
2
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