Eu In The National Legal Systems

20 Questions | Total Attempts: 107

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Law Quizzes & Trivia

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


Questions and Answers
  • 1. 
    What does the case of Van Gend en Loos provide?
  • 2. 
    What does the case of Costa v ENEL provide?
  • 3. 
    Who can benefit from direct effect i.e. who can compel a directive to be enforced by a MS?
  • 4. 
    When can regulations be both horizontally and directly effective? 
  • 5. 
    What is the doctrine of emanation of the state? 
  • 6. 
    What is the duty of consistent interpretation?
  • 7. 
    What constitutes general principles of community law? 
  • 8. 
    Community law is directly enforceable in national courts through __________?
  • 9. 
    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

  • 10. 
    Directives have direct effect before the transposition deadline? 
    • A. 

      True

    • B. 

      False

  • 11. 
    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?

  • 12. 
    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?

  • 13. 
    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?

  • 14. 
    Treaty provisions are _________ effective.
  • 15. 
    Member states must adopt measures when _____________
  • 16. 
    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?

  • 17. 
    _______ chose the form and methods in which directives are to be implemented.
  • 18. 
    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?

  • 19. 
    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

  • 20. 
    Mangold is criticised by Wyatt and Dashwood for _______
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