EU Constitutional Law Exam with a problem question on bringing an action for annulment under Article 263 TEU and an essay on the procedure for withdrawing from the EU in Article 50 TEU and therefore Brexit. The grades and feedback for each question is shown at the end.
Following an examination of the procedural requisites for bringing an action for annulment, the claimants will
be advised individually on the admissibility of their claims and potential grounds for review.
Time Limit
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, As Directive 2022/33 and Regulation 2022/11 were both adopted in April 2022, the applicants satisfy the two-
month time limit requirement outlined in Article 236(5) TFEU. Due to today’s date being 9th May 2022, the
applicants approximately have until June to initiate the annulment procedure.
Reviewable Decision
Carla desires to challenge a Directive adopted based on Article 114 TFEU. It can be challenged under Article
263(1) TFEU because it constitutes a legally binding legislative act as defined by Article 289 TFEU due to
being adopted under the ordinary legislative procedure.
The UK wishes to challenge a legally binding Implementing Regulation based on a non-legislative procedure.
This is an executive act which can be reviewed due to having been adopted by the European Commission and
being intended to have legal effects (Commission v Council).
Grounds for Review
Carla
As Carla’s medical condition of chronic kidney pain was not recognised by the national authorities, she is
arguing that the Directive has breached the Charter of Fundamental Rights in Article 5(4) (“infringement of the
treaties”). The right concerned is codified in Article 21 of the Charter, the prohibition of discrimination. Carla
fears losing her job in refusing the vaccination based on concerns that “the vaccine will exacerbate her health”.
Therefore, not only is Carla being discriminated against in terms of the refusal to recognise that her pre-
existing medical condition constitutes an exemption from vaccination but also regarding her occupation as a
civil servant. Workers in the public sector are the only group in society with the obligation to be vaccinated.
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