Eu In The National Legal Systems

20 Questions | By Kirst | Updated: Mar 21, 2022 | Attempts: 123

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Decentralised enforcement of community law:-(a) direct effect(b) supremacy(c) effective judicial protection(d) preliminary reference procedure

Questions and Answers

1.

Community law is directly enforceable in national courts through __________?
2.

What does the case of Van Gend en Loos provide?
3.

What does the case of Costa v ENEL provide?
4.

What are the threshold criteria required for direct effect (Van Gend en Loos)?
- A.
  
  The measure must be clear and precise
- B.
  
  Unconditional i.e. no room for further implementation
- C.
  
  Deadline for implementation must have expired
- D.
  
  All of the above
5.

Directives have direct effect before the transposition deadline?
- A.
  
  True
- B.
  
  False
6.

What duty is placed on Member States when implementing a directive and the deadline for transposition has not expired?
- A.
  
  Duty of loyal co-operation?
- B.
  
  Duty of consistent interpretation?
- C.
  
  Both of the above?
7.

What duty is imposed where a directive is unimplemented and the deadline for transposition has expired?
- A.
  
  Duty of loyal co-operation?
- B.
  
  Duty of consistent interpretation?
- C.
  
  Both of the above?
8.

In Francovich a private party could sue the Member State for its failure to implement a directive provided which following criteria are satisfied?
- A.
  
  The directive does not give rights to individuals?
- B.
  
  The directive does give rights to individuals?
- C.
  
  Rights are identifiable in the directive?
- D.
  
  Individual circumstances of the case suggest so?
- E.
  
  There is a direct causal link between the Member States failure to implement and the damage?
9.

Who can benefit from direct effect i.e. who can compel a directive to be enforced by a MS?
10.

Treaty provisions are _________ effective.
11.

Member states must adopt measures when _____________
12.

When can regulations be both horizontally and directly effective?
13.

What does Art.249 provide in relation to directives?
- A.
  
  Directives are directly applicable?
- B.
  
  All directives have direct effect?
- C.
  
  Directives are binding as the result to be achieved?
- D.
  
  Directives are binding to those addressed?
- E.
  
  Directives have no direct effect to those who they are addressed?
14.

_______ chose the form and methods in which directives are to be implemented.
15.

Directives as provided by Van Duyn and Ratti have ...
- A.
  
  Horizontal effect between two private parties?
- B.
  
  Vertical effect against a member state?
- C.
  
  Vertical effect against an individual?
- D.
  
  All of the above?
16.

The ECJ developed means of alleviating the hardship caused by the lack of horizontal direct effect of directives in the form of ....
- A.
  
  The doctrine of 'emanation of the state'
- B.
  
  The duty of loyal co-operation
- C.
  
  The duty of consistent interpretation
- D.
  
  Where general principles of community law are concerned
- E.
  
  All of the above
17.

What is the doctrine of emanation of the state?
18.

What is the duty of consistent interpretation?
19.

What constitutes general principles of community law?
20.

Mangold is criticised by Wyatt and Dashwood for _______