Sources of European Union Law Flashcards
Which treaty established the European Economic Community (EEC) in 1957?
A. Treaty of Maastricht
B. Treaty of Lisbon
C. Treaty of Rome
D. Treaty of Paris
C – The Treaty of Rome (1957) established the EEC, which later evolved into the EU.
When did the UK officially join the European Economic Community (EEC)?
A. 1957
B. 1965
C. 1973
D. 1992
C – The UK joined the EEC in 1973, incorporating EU law into its legal system through the European Communities Act 1972.
Which of the following is a characteristic of EU regulations?
A. They require implementation through national laws
B. They only apply to certain Member States
C. They are directly applicable in all Member States
D. They are advisory and not legally binding
C – Regulations are directly applicable in all Member States without needing national legislation.
Which of the following best describes EU directives?
A. They are automatically part of national law
B. They require Member States to achieve a result but allow flexibility in how
C. They are only binding if Member States voluntarily accept them
D. They apply only to private individuals, not governments
B – Directives bind Member States as to the result but allow flexibility in implementation.
What happens if a Member State fails to implement a directive by the deadline?
A. The directive becomes invalid
B. The European Commission can bring infringement proceedings
C. The directive automatically applies as a regulation
D. The directive loses all legal effect
B – The European Commission can take action through infringement proceedings before the CJEU.
The UK was required to implement an EU directive on consumer rights by a deadline in 2019 but failed to do so. What legal principle might allow individuals in the UK to rely on the directive in court?
A. Direct effect
B. State liability
C. Indirect effect
D. Supremacy of EU law
A – If a directive’s deadline has passed, individuals may be able to rely on direct effect in court.
France fails to properly implement an EU directive on workplace safety. A worker suffers injury due to lack of compliance with the directive’s provisions. What principle allows the worker to claim compensation from the state?
A. Supremacy of EU law
B. State liability
C. Indirect effect
D. Treaty of Rome
B – State liability allows individuals to claim compensation if failure to implement an EU directive causes harm.
A UK company argues that an EU regulation on data protection does not apply to them because the UK has left the EU. Under what circumstances would this argument fail?
A. If the regulation was directly applicable before Brexit and retained in UK law
B. If the regulation was converted into a directive
C. If the UK rejoined the European Economic Area (EEA)
D. If the regulation was not enforced by UK courts
A – Many EU regulations were retained in UK law post-Brexit as assimilated law under the Withdrawal Act 2018.
A national court in Spain is unsure how to interpret an EU regulation on digital markets. What can the court do under Article 267 TFEU?
A. Ignore the regulation
B. Request a preliminary ruling from the CJEU
C. Apply the regulation only in cases involving the government
D. Amend the regulation to fit national law
B – Under Article 267 TFEU, national courts can make preliminary references to the CJEU for interpretation.
Germany argues that one of its national laws should take precedence over an EU regulation. What principle prevents this?
A. State sovereignty
B. Indirect effect
C. Supremacy of EU law
D. Directives
C – The supremacy of EU law, established in Costa v ENEL (1964), ensures that EU law overrides conflicting national law.
