Exam (elaborations)
EU Law Correct Answers 2024
- Module
- European Union Law
- Institution
- European Union Law
EU Law Correct Answers 2024
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EU Law Correct Answers 2024Treaty on the Functioning of the European Union (TFEU) - correct answers - Treaty of Rome
- Came into force Jan 1958
Treaty on European Union (TEU) - correct answers - Treaty of Maastricht
- came into force Nov 1993
The Constitutional Treaty - correct answers Example of requirement of ratification of all member states to
amend a treaty and create new primary legislation.
- France & Holland voted against the treaty in referendums held after its signature in 2004 therefore never
became EU law
Art. 288(1) TFEU - correct answers To exercise the Union's competences, the institutions shall adopt
regulation, directives, decisions, recommendations and opinions
Art. 288(2) TFEU - correct answers Regulations are generally applicable. They are binding in their entirety and
directly applicable in all member states.
Art. 288(3) TFEU - correct answers Directives are binding, as to the result to be achieved, on all member states
to which it is addressed, but the forms and methods are left to the national parliaments of member states
Art. 288(4) TFEU - correct answers Decisions are binding in their entirety upon those to whom they are
addressed
Art. 288(5) TFEU - correct answers Recommendations and opinions have no legally binding effect
,Costa v ENEL 1964 - correct answers Facts: Italy introduced a new law which nationalised the electricity
industry. Costa claimed the new law contravened Art. 37 TFEU.
Principle: ECJ said it had created its "own legal system" with own institutions, legal capacity, personality etc.
and that states had consented to the supremacy of EU law over domestic law. Union law must be supreme to
ensure it is applied uniformly among member states so as not jeopardise the attainment of the objectives of
the treaty.
- claims that EU law is qualitatively different from other international law
- no other treaty ever claimed this effect, is it justified?
Internationale Handelsgesellschaft 1970 - correct answers Facts: Clash between a Council Regulation which
provided that a deposit (for a maize export licence) would be forfeit if goods not exported within a set period
of time. Applicant company challenged validity of regulation before the German courts claiming that the
regulation was contrary to national constitutional law. National court referred the question to the ECJ.
Principle:
ECJ: "the validity of a [Union] measure or its effect within a member state cannot be affected by allegations
that it runs counter to either fundamental rights as formulated by the constitution of that state or the
principles of a national constitutional structure" - even secondary EU law has supremacy over national law.
German court: "in the hypothetical case of a conflict between community law and the guarantees of
fundamental rights in the constitution... the guarantee of fundamental rights prevails so long as the
competent organs of the community have not removed the conflict" - gives priority to the national
constitution over community law
Simmenthal 1978 - correct answers Statement of principle by the ECJ: "every national court must, in a case
within its own jurisdiction, apply [union] law in its entirety and protect rights which the latter confers on
individuals and must accordingly set aside any provision of national law which may conflict with it, whether
prior or subsequent to the [union] rule."
, Declaration 17 Treaty of Lisbon - correct answers treaties and laws adopted by union on basis of treaties "have
primacy over the law of member states"
- no mention of supremacy in original treaties
Art. 4(3) TEU - correct answers general obligation on member states to fulfil all obligations under the treaty
S2(1) European Communities Act 1972 - correct answers all right/obligations arising under the treaties are
without further enactment to be given legal effect and shall be recognised, enforced, allowed and followed
accordingly.
- neccessary because UK is a dualist system
- a constitutional statute that cant be repealed by ordinary act of parliament? Judgement in Miller says can be
repealed like any other statute (at 60)
Van Gend en Loos 1963 - correct answers Facts: Importer (VGEL) brought action against Dutch customs
department in the Dutch courts claiming that an import duty it had been charged was contrary to Art. 30
TFEU. Dutch court referred a question on the interpretation of Art. 30.
Principle:
- ECJ held VGEL could rely on Art. 30 against Dutch customs department i.e. Art. 30 had direct effect subject to
three requirements: 1) it was a clear and unconditional prohibition, 2) it imposed a duty without any
discretion given to the member states, 3) it imposed direct effects between member states and citizens
- "according to the spirit, the general scheme and the wording of the treaty, Art. 30 TFEU must be interpreted
as producing direct effects and creating individual rights which the national court must protect"
- "constitutes a new legal order of international law for the benefit of which the States have limited their
sovereign rights..." incl. limiting ability to legislate contrary to EU law
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