Amostra/prova prática 2011, questões PDF

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2011 EU Law, Mid Term TEST 1hr + 10 minutes Part I Answers: Justify when adequat 1 How many cases were referred by national judges to the Court of First Instance during the 1986 crisis? a) 22 b) 0 c) 13 d) 10 e) 6 2 Regarding the evolution of the number of Member States that joined the Supranational...

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2011 EU Law, Mid Term TEST 1hr + 10 minutes

Part I Answers: Justify when adequat 1

How many cases were referred by national judges to the Court of First Instance during the 1986 crisis? a) 22 b) 0 c) 13 d) 10 e) 6

2

Regarding the evolution of the number of Member States that joined the Supranational Organization that is today the EU, what is the order of the enlargements that took place. State the date of accession for each Member State. N.B Only a completely correct answer awards points, any mistake subtracts 0,1 points.

3

What did the Merger Treaty actually Merge?

4

5

Justify

a) the Arcaro judgement b) the Court of First Instance and the General Court c) the Marleasing and the Von Colson Judgement d) a+c e) The Treaty of Paris and the Treaty of Maastricht f) none of the above Where is the European Council Regulated in the TEU and in the TFEU

What is the Order of the Treaties Governing the History of the EU, with a specific focus on Origin at the European Economic Community? a) Rome /SEA/ Masstricht/ Amsterdam/Nice/Lisbon b) Paris /Rome/ Maastricht/ Amsterdam/ Nice/ Lisbon c) Paris/ Rome/SEA/ Maastricht/Nice/ Amsterdam/Lisbon d) Rome / Maastricht/ Amsterdam/Nice/Lisbon

6

What is a Preliminary Ruling?

Justify

a) It is a ruling of the General Court that is only transitional and has no Direct Effect b) It is an Interpretative ruling of the General Court c) It is an Interpretative Ruling of the ECJ

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d) It is another name for the Opinions that Advocates General Deliver to the General Court 7

Does a EU Regulation have Direct Effect?

Justify with case-law

a) No it is only Directly applicable b) Never before the deadline for transposition expires c) Yes even before the deadline for transposition expires d) Yes from the day it enters into force and is also Directly applicable e) Yes from the day it enters into force but it not Directly applicable

8

Is a European Directive Directly applicable?

Justify with case-law

a) Yes horizontally b) Yes vertically c) both of the above d) none of the above

9

What is a synonym for Indirect Effect (ignore at this stage)

Justify with case-law

a) Costa Enel b) Harmonious Interpretation c) Incidental effect d) Stand-still Obligation of the Member State during signature of Treaties c) Conservative Interpretation of Effects of national law

10

Explain the following choices in EU case-law Notation: I) Case 4/62 II) C-4/2001 III) T-4/2001 a) b) c) d)

I&II are Cases of the ECJ and III is not Only III is a case of the ECJ because T stands for Tribunal in French None are cases of the ECJ All are cases of the ECJ

Part II (please note that at the moment you are NOT able to solve this case) National Portuguese law from 1984 states that regarding Electricity operated Boilers (waterheating apparatus), all individual Boilers must be inspected at the moment they are being installed in public and private facilities by an accredited technician from Electricidade de Portugal EDP. This service costs 6€. Failure to request and proceed with the inspection will result in the application of heavy fines (up to 2000€) to the proprietor of the facilities.

2

A Directive is issued to Portugal on 1 Jan 2009 and it regards Electric Boilers (water-heating apparatus). The Directive states that Portugal must remove this mandatory inspection by 1 August 2011, since the current European rules on electric boiler production are enough to ensure the safety of citizens. Busy with the negotiations regarding IMF-oriented measures for the Economy, The Parliament does not bother to revoke the law of 1984. It is otherwise busy discussing VAT and salary reduction. Maria owns a small Pre-School Kindergarten (jardim de infância) called Maria’s Corner (O Cantinho da Maria). Maria invested in the School with the savings of her grand-mother who left her 500.000€. The school is not subsidised, and no one from the ministry of education has ever turned up and checked the activity program. It is set up as a private undertaking, and she files the undertaking’s tax returns under the category of “nannies”. People who cares for children on the basis of a regular labour contract with the children’s parents. She buys an Electric boiler in October 2011 and has it installed by her neighbour, Sr. José. Maria is very frightened when in November 2011 She receives a fine of 1000€ from the City Hall (Camara Municipal) on the basis of the Law of 1984 and a report from EDP accusing Maria of not having requested the appropriate inspection. She is also very surprised at the fact that the letter claims her “Kindergarten” to be a Public facility. The letter says that the consequence of being a public facility is that Maria cannot defend herself though the “Estoppel” argument.

Questions on part II ( each answer is worth 0,5 each wrong answer -0,1) Question

Answer :Justify when adequate

1) Is the Directive Directly applicable A) Yes since 1 Jan 2009 B) Yes since 1 August 2011 C) No D) all of the above E) None of the above

2) Does the directive have Direct Effect A) Yes since 1 Jan 2009

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B) Yes since 1 August 2011 C) No D) all of the above E) None of the above

3) Are the effects of the Directive Vertical or Horizontal? A) Vertical since 1 Jan 2009 B) Horizontal since 1 August 2011 C) Horizontal since 1 Jan 2009 D) Vertical since 1 August 2011 E) None of the above 4) May The City hall accuse Maria of breaching the national Law ? A) Yes because Maria breached the national Law B) Yes because Maria breached the national law and isn’t an addressee of the Directive C) No because it is the State who should come after Maria, not the City hall D) No and among other arguments on the basis of the Foster and Costanzo Rulings of the ECJ E) None of the above 5) Is Maria´s Corner a Public facility? JUSIFY YOUR ANSWER A) Yes on the basis of the Marleasing Judgement B) Yes on the basis of the Pupino judgement C) No on the basis of the Foster and Marshall and Costanzo judgements D) Yes on the basis of the basis of the Foster and Marshall and Costanzo judgements E) none of the above

6) Who cannot use the Estoppel Argument as a defense argument? A) Maria B) The City hall

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C) The State D) The City hall and the State E) Maria and the State F) None of the above

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