Question 1

Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?

Accepted Answer

A)  Germany is a dualist country and therefore Germany has a greater difficulty than monist countries to recognise the principle of supremacy of EU law. 
B)  The German Federal Constitutional Court (BVerfG) wishes to guard its status as the highest court in Germany in respect of constitutional matters. 
C)  The BVerfG has concerns about the protection of fundamental rights in EU law and reserve to itself ultimate jurisdiction to review the validity of EU acts and, to declare any EU ultra vires act inapplicable in Germany. 
A)  Germany is a dualist country and therefore Germany has a greater difficulty than monist countries to recognise the principle of supremacy of EU law. 
B)  The German Federal Constitutional Court (BVerfG) wishes to guard its status as the highest court in Germany in respect of constitutional matters. 
C)  The BVerfG has concerns about the protection of fundamental rights in EU law and reserve to itself ultimate jurisdiction to review the validity of EU acts and, to declare any EU ultra vires act inapplicable in Germany. C

Question 2

In which case did Lord Bridge state - The terms of the Act of 1972 state that it is the duty of a UK court, when delivering final judgment, to override any rule of national law found to be in conflict with any direct enforceable rule of Community law

Accepted Answer

A)  Case 42/74 Van Duyn 
B)  Case 152/84 Marshall 
C)  Case C-221/89 Factortame (No 2) 
A)  Case 42/74 Van Duyn 
B)  Case 152/84 Marshall 
C)  Case C-221/89 Factortame (No 2) C

Question 3

What happens if there is a conflict between EU law and national law enacted after the entry into effect of the Treaties for the relevant Member State?

Accepted Answer

A)  The later national law will take priority. 
B)  The conflict must be settled according to the legal jurisprudence of the Member State. 
C)  EU law prevails. 
A)  The later national law will take priority. 
B)  The conflict must be settled according to the legal jurisprudence of the Member State. 
C)  EU law prevails. C

Question 4

What important principle of EU law was established in the case of 6/64 Costa v ENEL?

Accepted Answer

A)  Direct effect of EU directives. 
B)  The supremacy of EU law in a situation where there is a conflict between EU law and national law of a Member State. 
C)  The principle of State liability under which a Member State can be liable for any loss suffered by an individual as a result of that State 
A)  Direct effect of EU directives. 
B)  The supremacy of EU law in a situation where there is a conflict between EU law and national law of a Member State. 
C)  The principle of State liability under which a Member State can be liable for any loss suffered by an individual as a result of that State

Question 5

What argument was put forward in Case 106/77 Simmenthal as to why the Italian statute could not be set aside in favour of EU law by the referring court?

Accepted Answer

A)  Only the Italian Constitutional Court could set aside the statute. 
B)  Only the Prime Minister of Italy could set aside the statute. 
C)  Only the Italian Parliament could set aside the statute. 
A)  Only the Italian Constitutional Court could set aside the statute. 
B)  Only the Prime Minister of Italy could set aside the statute. 
C)  Only the Italian Parliament could set aside the statute.

Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?

In which case did Lord Bridge state - The terms of the Act of 1972 state that it is the duty of a UK court, when delivering final judgment, to override any rule of national law found to be in conflict with any direct enforceable rule of Community law

What happens if there is a conflict between EU law and national law enacted after the entry into effect of the Treaties for the relevant Member State?

What important principle of EU law was established in the case of 6/64 Costa v ENEL?

What argument was put forward in Case 106/77 Simmenthal as to why the Italian statute could not be set aside in favour of EU law by the referring court?

The History of European Integration

Membership of the EU

The Institutional Framework of the EU

Sources of EU Law

Legislative Procedures in the EU

Competences of the EU

The Common Foreign and Security Policy CFSP: A Component of EU Foreign Action

Protection of Fundamental Rights in the EU

Direct Effect of EU Law

Direct Applicability of EU Law

Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Preliminary Rulings: Article 267 TFEU

Enforcement of EU Law - Actions Against Member States

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

An Introduction to the Internal Market of the EU; Abolition of Customs Duties and Charges Having Equivalent Effect to Customs Duties Cees

Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU

Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

Citizenship of the EU; and Free Movement of Workers

The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons

Introduction to EU Competition Law; and Article 101 TFEU

Article 102TFEU; Merger Control

Enforcement of Articles 101 and 102 TFEU; The Area of Freedom, Security and Justice AFSJ

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Exam 9: Supremacy of EU Law

Why has the acceptance of supremacy of EU law over national law proved a challenge for Germany?

In which case did Lord Bridge state - The terms of the Act of 1972 state that it is the duty of a UK court, when delivering final judgment, to override any rule of national law found to be in conflict with any direct enforceable rule of Community law

What happens if there is a conflict between EU law and national law enacted after the entry into effect of the Treaties for the relevant Member State?

What important principle of EU law was established in the case of 6/64 Costa v ENEL?

What argument was put forward in Case 106/77 Simmenthal as to why the Italian statute could not be set aside in favour of EU law by the referring court?

The History of European Integration

Membership of the EU

The Institutional Framework of the EU

Sources of EU Law

Legislative Procedures in the EU

Competences of the EU

The Common Foreign and Security Policy CFSP: A Component of EU Foreign Action

Protection of Fundamental Rights in the EU

Direct Effect of EU Law

Direct Applicability of EU Law

Member State Liability for Damage Caused to Individuals by a Breach of EU Law for Which It Is Responsible

Preliminary Rulings: Article 267 TFEU

Enforcement of EU Law - Actions Against Member States

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part I Articles 263, 277 and 265 Tfeu

Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

An Introduction to the Internal Market of the EU; Abolition of Customs Duties and Charges Having Equivalent Effect to Customs Duties Cees

Prohibition of Discriminatory Internal Taxation; Prohibition of Quantitative Restrictions Qrs and Measures Having Equivalent Effect on Imports and Exports Meqrs Articles 34 and 35 TFEU

Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

Citizenship of the EU; and Free Movement of Workers

The Right of Establishment Articles 49-55 TFEU and the Right to Supply and Receive Services Articles 56-62 TFEU; and Exceptions to the Free Movement of Persons

Introduction to EU Competition Law; and Article 101 TFEU

Article 102TFEU; Merger Control

Enforcement of Articles 101 and 102 TFEU; The Area of Freedom, Security and Justice AFSJ

Filters