Deck 4: Sources of Law: The European Context

Question 1

With the introduction of the HRA, the UK incorporated all of the rights set out in the ECHR

Answer 1

False

Question 2

There are different types of direct effect. What are they?

A) Parallel Direct Effect
B) Standing direct effect
C) Vertical direct effect
D) Upper Direct Effect
E) Horizontal direct effect

Answer 2

C,E
Explanation:There are two types of direct effect. Vertical direct effect means that the individual can rely on EU law in any action in relation to their government, but cannot use it against other individuals. Horizontal direct effect allows the individual to use the EC provision in an action against other individuals

Question 3

What are the sources of Community law?

A) International treaties and protocols
B) International agreements
C) Secondary legislation
D) Decisions of the CJEU
E) Equity

Answer 3

A,B,C,D
Explanation:The sources of Community law are fourfold. They are international treaties and protocols, international agreements, secondary legislation and decisions of the CJEU

Question 4

What are the three different types of secondary legislation?

A) Regulations
B) Orders
C) Directives
D) Recommendations and Opinions
E) Decisions

Question 5

Match up these provisions of the Treaty on European Union (TEU) with the correct Article
-Common provisions

A)Article 1 of this treaty makes it clear that 'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties") Those two Treaties shall have the same leg
B)Articles 21-46 relate to the establishment and operation of a common EU foreign policy
C)Article 20 allows a number of member states to co-operate in furthering integration in a particular area where other members are blocking full integration
D)Article 13 establishes the institutions
E)Article 9 establishes the equality of EU citizens and that every national of a member state shall be a citizen of the Union

Question 6

Match up these provisions of the Treaty on European Union (TEU) with the correct Article
-Provisions on democratic principles

A)Article 1 of this treaty makes it clear that 'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties") Those two Treaties shall have the same leg
B)Articles 21-46 relate to the establishment and operation of a common EU foreign policy
C)Article 20 allows a number of member states to co-operate in furthering integration in a particular area where other members are blocking full integration
D)Article 13 establishes the institutions
E)Article 9 establishes the equality of EU citizens and that every national of a member state shall be a citizen of the Union

Question 7

Match up these provisions of the Treaty on European Union (TEU) with the correct Article
-Provisions on the institutions

A)Article 1 of this treaty makes it clear that 'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties") Those two Treaties shall have the same leg
B)Articles 21-46 relate to the establishment and operation of a common EU foreign policy
C)Article 20 allows a number of member states to co-operate in furthering integration in a particular area where other members are blocking full integration
D)Article 13 establishes the institutions
E)Article 9 establishes the equality of EU citizens and that every national of a member state shall be a citizen of the Union

Question 8

Match up these provisions of the Treaty on European Union (TEU) with the correct Article
-Provisions on enhanced cooperations

A)Article 1 of this treaty makes it clear that 'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties") Those two Treaties shall have the same leg
B)Articles 21-46 relate to the establishment and operation of a common EU foreign policy
C)Article 20 allows a number of member states to co-operate in furthering integration in a particular area where other members are blocking full integration
D)Article 13 establishes the institutions
E)Article 9 establishes the equality of EU citizens and that every national of a member state shall be a citizen of the Union

Question 9

Match up these provisions of the Treaty on European Union (TEU) with the correct Article
-General provisions on the Union's external action and specific provisions on the Common Foreign and Security Policy

A)Article 1 of this treaty makes it clear that 'The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties") Those two Treaties shall have the same leg
B)Articles 21-46 relate to the establishment and operation of a common EU foreign policy
C)Article 20 allows a number of member states to co-operate in furthering integration in a particular area where other members are blocking full integration
D)Article 13 establishes the institutions
E)Article 9 establishes the equality of EU citizens and that every national of a member state shall be a citizen of the Union

Question 10

Match up these following types of secondary legislation which can be introduced by the European Council and Commission to their meaning
-Regulations

A)Not intended to have general effect but are aimed at particular States or individuals
B)Have no binding force, although they may be taken into account in trying to clarify any ambiguities in domestic law
C)State general goals and leave the precise implementation in the appropriate form to the individual Member States
D)Apply to, and within, Member States generally, without the need for those States to pass their own legislation

Question 11

Match up these following types of secondary legislation which can be introduced by the European Council and Commission to their meaning
-Directives

A)Not intended to have general effect but are aimed at particular States or individuals
B)Have no binding force, although they may be taken into account in trying to clarify any ambiguities in domestic law
C)State general goals and leave the precise implementation in the appropriate form to the individual Member States
D)Apply to, and within, Member States generally, without the need for those States to pass their own legislation

Question 12

Match up these following types of secondary legislation which can be introduced by the European Council and Commission to their meaning
-Decisions

A)Not intended to have general effect but are aimed at particular States or individuals
B)Have no binding force, although they may be taken into account in trying to clarify any ambiguities in domestic law
C)State general goals and leave the precise implementation in the appropriate form to the individual Member States
D)Apply to, and within, Member States generally, without the need for those States to pass their own legislation

Question 13

Match up these following types of secondary legislation which can be introduced by the European Council and Commission to their meaning
-Recommendations and opinions

A)Not intended to have general effect but are aimed at particular States or individuals
B)Have no binding force, although they may be taken into account in trying to clarify any ambiguities in domestic law
C)State general goals and leave the precise implementation in the appropriate form to the individual Member States
D)Apply to, and within, Member States generally, without the need for those States to pass their own legislation

Question 14

Match up the following major EU institutions to the role that they play
-The European Parliament

A)Made up of ministerial representatives of each of the 27 Member States of the EU
B)The judicial arm of the EU, and in the fi eld of Community law its judgments overrule those of national courts
C)The directly elected European institution and, to that extent, it can be seen as the body that exercises democratic control over the operation of the EU
D)The executive of the EU and, in that role, it is responsible for the administration of EU policies

Question 15

Match up the following major EU institutions to the role that they play
-The European Commission

A)Made up of ministerial representatives of each of the 27 Member States of the EU
B)The judicial arm of the EU, and in the fi eld of Community law its judgments overrule those of national courts
C)The directly elected European institution and, to that extent, it can be seen as the body that exercises democratic control over the operation of the EU
D)The executive of the EU and, in that role, it is responsible for the administration of EU policies

Question 16

Match up the following major EU institutions to the role that they play
-The Court of Justice of the European Union

A)Made up of ministerial representatives of each of the 27 Member States of the EU
B)The judicial arm of the EU, and in the fi eld of Community law its judgments overrule those of national courts
C)The directly elected European institution and, to that extent, it can be seen as the body that exercises democratic control over the operation of the EU
D)The executive of the EU and, in that role, it is responsible for the administration of EU policies

Question 17

Match up the following major EU institutions to the role that they play
-The Council of Ministers

A)Made up of ministerial representatives of each of the 27 Member States of the EU
B)The judicial arm of the EU, and in the fi eld of Community law its judgments overrule those of national courts
C)The directly elected European institution and, to that extent, it can be seen as the body that exercises democratic control over the operation of the EU
D)The executive of the EU and, in that role, it is responsible for the administration of EU policies

Question 18

The Court of Justice of the European Union performs two key functions - what are they?

Question 19

In 2005 the former Lord Chief Justice of England, Lord Woolf, led a panel to consider what steps could be taken to deal with the ECtHR's current and projected caseload. What were his main recommendations?

Question 20

___ treaties govern the Member States of the EU, and anything contained therein supersedes domestic legal provisions

Question 21

___ treaties are negotiated with other nations by the European Commission on behalf of the EU as a whole and are binding on the individual members of the EU

Question 22

The supreme decision-making body of the EU and, as such, it has the final say in deciding upon EU legislation is the ___

Question 23

In 2005 ___ led a panel to consider what steps could be taken to deal with the ECtHR's current and projected caseload

Question 24

There is much debate about whether the UK should have a ___ to ensure that the convention's rights continue to be enshrined in British law

Question 25

Which of the following are primary sources of EC law?

A) The EC Treaty
B) The Treaty of Amsterdam
C) Decisions of the European Court of Justice
D) EC Directives
E) EC Regulations

Question 26

Which concept refers to the fact that the ECtHR recognises that there may well be a range of responses to particular crises or social situations within individual States, which might well involve some legitimate limitation on the rights established under the ECHR?

A) Parliamentary Sovereignty
B) Declaration of Incompatibility
C) Margin of appreciation
D) Statement of inappropriateness
E) Incompatible procedure

Question 27

As long as treaties are of a mandatory nature and are stated with suffi cient clarity and precision, then they have both vertical and horizontal effect

Question 28

Decisions are a type of secondary legislation which are not intended to have general effect but are aimed at particular States or individuals

Question 29

Council decisions require unanimity

Question 30

Any individual may submit an application alleging a breach by a Contracting State of one of the ECHR rights

Question 31

The Council of Europe, the European Commission of Human Rights and the European Court of Human Rights are all part of the EU structure

Question 32

When did the UK join the EEC?

A) 1923
B) 1963
C) 1973
D) 1983
E) 1993

Question 33

What institution was established by the Council of Europe to enforce the rights contained in the European Convention on Human Rights?

A) The European Council
B) The European Court of Human Rights
C) The Council of the European Union
D) The European Convention on Human Rights
E) Court of Justice of the European Union

Question 34

Which Treaty or Act goes back through several iterations to the original Treaty of Rome and contains the detail of the structure and operation of the European Union?

A) The Human Rights Act 1998
B) European Union Act 2011
C) The Charter of Fundamental Rights of the European Union (CFREU)
D) The Treaty on European Union (TEU)
E) The Treaty on the Functioning of the European Union (TFEU)

Question 35

How is EC law incorporated into UK law?

A) By section 2(1) of the European Communities Act 1972
B) By section 3(1) of the Human Rights Act 1998
C) By section 2(4) of the European Communities Act 1972
D) By the Treaty of Rome
E) By the Human Rights Act 1998

Question 36

What is the term used to describe the procedure when it is deemed impossible to make a statute so as to comply with European Law?

A) Parliamentary Sovereignty
B) Declaration of Incompatibility
C) Statement of inappropriateness
D) Incompatible procedure
E) Margin of Appreciation

Question 37

Where does the European Court of Justice sit?

A) The Hague
B) Nice
C) Luxembourg
D) Brussels
E) Strasbourg

Question 38

Which is the main legislative body of the European Community?

A) The European Commission
B) The Council of the European Union
C) The European Parliament
D) The Council of Europe
E) Court of Justice of the European Union

Question 39

Which EU institution is the directly elected European institution and, to that extent, it can be seen as the body that exercises democratic control over the operation of the EU?

A) The Council of Ministers
B) The European Council
C) The Economic and Social Committee
D) The European Parliament
E) The European Commission

Question 40

In theory, the doctrine of ___ is maintained by the argument that the UK Parliament may repeal the European Communities Act at anytime