EU Law

Question 1

In which judgement of the Court of Justice of the European Union, the court gave an opinion competences of the Union?

Answer 1

Flaminio Costa vs. E.N.E.L.

Question 2

By which principle are governed the limits of union competences?

Answer 2

By the principle of conferral.

Question 3

What does the principle of conferral mean?

Answer 3

That the Union shall only act within the limits of the competences conferred upon it by the member states in the treaties to attain the objectives set out therein.

Question 4

What is the so called flexibility cause provided in the article 352 of the Treaty on the Functioning of the European Union?

Answer 4

If action by the Union should prove necessary within the framework of the policies defined in the treaties to attain one of the objectives set out in the treaties and the treaties have not provided the necessary powers of the Union, the Council acting unanimously on the proposal from the commission and after obtaining the consent of the European Parliament, shall adopt the appropriate measures.

Question 5

Are the Member States entirely free to exercise their own competences?

Answer 5

No. They must exercise their competences in accordance with EU law.

Question 6

What are the four general competence categories according to the Treaty on the Functioning of the EU?

Answer 6

Exclusive, short competence, coordinating competences and complementary competences.

Question 7

What is the most problematic category of EU competences?

Answer 7

The Shared Competence.

Question 8

Why is the Shared Competence the most problematic category?

Answer 8

Because it allows the EU and the Member States to act in the same field at the same time.

Question 9

What are the external competences of the EU?

Answer 9

To conclude international agreements with their countries and other international organizations.

Question 10

Can the EU conclude international agreements in other situations provided for expressly in the treaties?

Answer 10

Yes.

Question 11

What is the principle of subsidiarity?

Answer 11

Under the principle of subsidiarity and in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the member states.

Question 12

What is the priciple of proportionality?

Answer 12

One of the general principles of Community law which requires the means and employed by an EU provision to be appropriate for attaining the objective parachute and not to go beyond what is necessary to achieve it.

Question 13

In which case was for the first time the principle of proportionality, as limitation for interference with fundamental rights, applied by the Court of Justice of the EU?

Answer 13

In the case Internationale Handelgesellschaft.

Question 14

What is the three-partied proportionality test?

Answer 14

The test applied by the Court of Justice of the EU. Under the test it reviews suitability of the measure, necessity of the measure and proportionality in strict sense.

Question 15

What is the principle of sincere cooperation, also called the principle of loyalty?

Answer 15

The Union and the Member States shall in full mutual respect assist each other in carrying out tasks which flow from the treaties.

Question 16

How was the principle of sincere cooperation originally perceived as?

Answer 16

As a moral duty that is an expression of the principle of public international law pacta sunt servanda.

Question 17

When are Member States required to act in accordance with the principle of sincere cooperation?

Answer 17

When they implement EU law and in the exercise of their own competences that are not transferred to the EU.

Question 18

What are obligations of positive nature?

Answer 18

Mutual respect, mutual support in the performance of tasks under the treaties or secondary legislation and facilitating the fulfilment of its tasks by the EU.

Question 19

What are obligations of negative nature?

Answer 19

To refrain from any measures that could jeopardize the achievement of EU goals.

Question 20

In what famous judgement the principle of sincere cooperation had a law making effect?

Answer 20

Frankovich judgement.

Question 21

From what principle derives the effectivenes of EU law and the principle of liability for damage?

Answer 21

From the principle of sincere cooperation.

Question 22

Is the European Union a state?

Answer 22

No.

Question 23

Who and in what way created the Union according to the court’s opinion in Flaminio Costa vs. E.N.E.L?

Answer 23

The member states created the Union by limiting their sovereign powers and it is for the member states to broaden the competence of the Union.

Question 24

What is article 5 of the Treaty on the EU?

Answer 24

…

Question 25

What are the competences reserved explicitly in the treaties for the member states?

Answer 25

Maintaining public order, protecting internal security, establishing the content of teaching, organizing educational systems, respect of the culture and language diversity, defining health policy and organization, delivery of health services and medical care, production and trade in arms, ammunition and explosives, and property regimes.

Question 26

What is the freedom accorded to every citizen of the Union?

Answer 26

To move and reside freely within the territory of the member states.

Question 27

When can national legislation which imposes a restriction on free movement be justified under EU law?

Answer 27

If it is based on objective considerations of public interest, independent of the person’s nationality and proportionate to the legitimate objective of the national provision.

Question 28

What is article 2 of the Treaty on the functioning of the European Union?

Answer 28

…

Question 29

Name the exclusive competences of the EU.

Answer 29

Customs Union, the establishment of the competition rules necessary for the functioning of the internal market, monetary policy for the Member States whose currency is the euro, the conversation of marine biological resources under the Common Fisheries Policy and common commercial policy.

Question 30

What is article 207. of the Treaty on the Functioning of the European Union?

Answer 30

….

Question 31

Shall the common commercial policy include foreign direct and indirect investment?

Answer 31

It shall include only foreign direct investment.

Question 32

On what should be based the common commercial policy?

Answer 32

It shall be based on uniform principles, particulary with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services and the commercial aspects of intellectual property,

Question 33

What is shared competence?

Answer 33

When the treaties confer on the union a competence shared with the member states in a specific area, the union and the member states may legislate and adopt legally binding acts in this area.

Question 34

Name some shared competences.

Answer 34

Internal market, social policy for the aspects defined in the treaties, economic, social and territorial cohesion, agriculture and fisheries, excluding the conservation of marine biological resources, environment, consumer protection, transport, trans-european networks, energy area of freedom, security and justice, common safety concerns in public health matters.

Question 35

What is preemption?

Answer 35

The adoption of EU Act prevents the member states from action with which their act would be incompatible with EU law.

Question 36

What are coordinating competences?

Answer 36

The member states shall coordinate their economic and employment policies within arrangements as determined by this treaty which the Union shall have competence to provide. The member states shall coordinate their economic policies within the union.

Question 37

How does the Union take measures to ensure coordination of the Employment Policies of the member states?

Answer 37

By defining guidelines for these policies.

Question 38

What are complementary competences?

Answer 38

In certain areas and under the conditions laid down in the treaties of the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the member states without thereby separate setting and their competence in these areas.

Question 39

Name some complementary competences.

Answer 39

Protection and improvement of human health, industry culture, tourism, education, vocational training, youth and sport, civil protection and administrative cooperation.

Question 40

What is article 216. of the Treaty on the Functioning of the European Union?

Answer 40

…

Question 41

Where from results the EU explicit competence to conclude an international agreement?

Answer 41

From the treaties.

Question 42

Name some external competences.

Answer 42

Concluding following international agreements: agreements on the readmission of third country nationals, agreements in the field of EU research, technological development and demonstration, international agreements in the field of environmental protection.

Question 43

When can EU conclude international agreements in other situations than provided for expressly in treaties?

Answer 43

It may conclude an agreement where the conclusion of an agreement is necessary in order to achieve within the framework of the Union’s policies one of the objectives referred to in the treaties or is provided for in a legally binding union act or is likely to affect common rules or alter their scope.

Question 44

What is a mixed agreement?

Answer 44

When EU and member states share competence with regard to a concrete international agreement.

Question 45

Which agreements has EU concluded referring to international property rights?

Answer 45

Geneva act of the Hague agreement concerning the international registration of industrial designs adopted in Geneva on the 2nd July 1999 with regard to the matters within its competence; the WIPO copyright treaty and the performances and phonograms treaty agreement on the Trade related Aspects of Intellectual Property Rights.

Question 46

Who ensured compliance in the member states with the principle of subsidiarity?

Answer 46

National parliaments.

Question 47

When can any national parliament seek a reasoned opinion from the Commission, the Council and the Parliament on the matter why it considers that the legislative draft in question does not comply with the principle of subsidiarity?

Answer 47

Withing eight weeks from the date of transmission of a draft legislative act.

Question 48

Explain what happens if a draft of a legislative act does not comply with the principle of subsidiarity.

Answer 48

…

Question 49

What is article 263. of the Treaty on the Functioning of the European Union.

Answer 49

…

Question 50

When has the principle of proportionality been partially codified?

Answer 50

Since Maastricht Treaty.

Question 51

Why is the principle of proportionality a principle of dual nature?

Answer 51

It is a constitutional principle to reveal unions acts which must be proportionate in relation to the interests pursued by the union act on the other hand. It is a general principle of EU law determining how far the public authority, either EU or national, may interfere with the rights of individuals.

Question 52

What should be taken into account while balancing public interest objectives and EU Fundamental Rights?

Answer 52

It should be taken into account whether a national measure in question is based on objective considerations and is proportionate to the legitimate aim of the National provisions.

Question 53

What is the so-called formal excessiveness?

Answer 53

The necessity of the measure explores whether is the least restrictive measure to achieve a given union’s objective. It is a part of the three-partied proportionality test.

Question 54

What did the Treaty of Lisbon determine regarding the principle of sincere cooperation?

Answer 54

It determined that this principle is the basis for mutual relations not only between EU member states but also between the member states and the EU operating through its institutions, bodies, agencies and other entities entrusted with the implementation of the Union’s objectives.

Question 55

With which principle does the principle of sincere cooperation remain in a close relation?

Answer 55

With the principle of effectiveness of EU law.

Question 56

Explain the court’s opinion in the Francovich judgement regarding the principle of sincere cooperation.

Answer 56

…

Question 57

Explain the law-making effect of the principle of sincere cooperation.

Answer 57

…