Eu - Direct Applicability: Structure
This quiz will utilise the structure Shaun Mills laid out in his mindmaps and give a multiple-choice answer for each stage of the mindmaps! This should take 5 minutes to cover in the exam. . .
- 1.When should Direct Applicability be considered in the exam? (You'll notice this question on all the quizzes!)
- A.
After Alternatives to Litigation but before DE, IDE or Francovich
- B.
After Direct Effect
- C.
This can only be considered when if the member state has legislated on the issue
- D.
First, before Alternatives to Litigation
- 2.In any event, the case study will always include defective implementation, otherwise the client would just rely on the national law and there would be no EU issue... Defective ___________ is when the member state either makes laws or declares it's intention to rely on existing national provisions, to give force to the provisions of the EU directive.
- A.
Expiration
- B.
Application
- C.
Transposition
- D.
Termination
- 3.The directive could not be implemented correctly if, in practice it is not applied correctly. What case establishes this? You should consider whether each provision has been implemented correctly.
- A.
Marks and Spencer
- B.
Centrosteel
- C.
Wallonie
- D.
Wagner-Miret
- 4.EURLEX website, usually towards the back of the directive itself... What will you find here?
- A.
National Law transposed to accomodate the provisions of a directive
- B.
Article 267 clarifications
- C.
Ongoing cases on the provisions of the directive
- D.
The time limit for a directives implementation
- 5.If the time limit has not yet expired, then the directive cannot be relied upon for Direct Effect or Damages (Francovich I) claims. According to...?
- A.
Wallonie
- B.
Ratti
- C.
Wagner-Mangold
- D.
Manfredi
- 6.If the time limit has not yet expired, then the directive cannot be relied upon for Indirect Effect (Consistent Interpretation) claims. According to which two of these cases?
- A.
Marleasing
- B.
Adeneler
- C.
Centrosteel
- D.
Wallonie
- 7.There are exceptions to the time limit rule... But this only applies to... Choose 2 answers
- A.
Francovich claims
- B.
Indirect Effect claims
- C.
Direct Effect claims
- D.
Some Alternatives to Litigation
- 8.And the exceptions to the time limit rule can are notoriously difficult to establish... There must be evidence that the Member State has taken its final steps and these seriously compromise to result required from the directive. Which case?
- A.
Ratti
- B.
Wallonie
- C.
Wagner-Miret
- D.
Reinmuhlen
- 9.___________ establishes that retrograde steps in relation to the transposition of the directive amount to seriously compromises the result required by the directive as per Wallonie. This means that retrograde steps can amount to an exception to the Ratti rule.
- A.
Werner-Mangold
- B.
Simmenthal II
- C.
Adeneler
- D.
Brasserie
- 10.Please put your comments here :) And JOIN THE UCLAN LAW SOCIETY NEXT YEAR! :) http://www.facebook.com/#!/groups/208223242584116/ Check out my website: www.thelawlife.co.uk, I'll be posting quizzes on all the topics I will be doing in the EU, Tort and Criminal exams on here! (Helps me revise - helps you revise :) ) Good luck with Shazia! :) Chris Cullen Have sent to Shaun hoping he will confirm the content is accurate; if you spot any mistakes before then - let me know and I'll change them... :)
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