Chapter 9 End-of-chapter questions

Ordinarily, EU directives that have not been implemented only have 'vertical' effect – that is, they affect relationships between individuals and the state. However, there are a limited number of ways in which such directives might affect the relationship between two private individuals. Which of the following statements relating to 'horizontal effect' are accurate? Select all that apply.

National courts are required, under the doctrine of 'indirect effect', to interpret and apply domestic law in a way which complies with EU law. Where a national law affects relationships between two parties, indirect effect can require courts to interpret this in line with EU law, therefore affecting the 'horizontal' relationship between parties.

Under EU law, there is a presumption that unimplemented directives operate horizontally, at least until the date of their implementation. National courts must give effect to unimplemented directives if they can, which results in some degree of horizontal effect.

General principles of EU law, such as non-discrimination, can be relied upon in certain cases in private disputes. At least some of these principles can operate in a 'horizontal' manner, in that they can be invoked even in disputes relating to two private parties, so long as they are acting within the scope of EU law.

Since rights under the European Charter of Fundamental Rights operate in a horizontal manner, any national dispute which involves a claim under the Charter in effect applies EU law horizontally. Incidental arguments, including those unrelated to the Charter, can then also apply on this horizontal plane.

In the cases of Thoburn and HS2, certain judges spoke of certain statutes which have a 'constitutional character'. Based on what was said in those cases, which of the following statements relating to such statutes are accurate? Select all that apply.

They cannot be impliedly repealed. That is, if Parliament wishes for the provisions of a later statute to take precedence over the constitutional statute, it must set this out explicitly in the later statute.

The 'constitutionality' of such statutes is recognised by the common law. This means that, ultimately, the contours of how Parliament's sovereignty operates in practice are left to courts to determine.

They cannot be repealed.

They can only be repealed by a 'supermajority' of MPs.

Some constitutional statutes may be more fundamental, or hold more importance, than others. When two constitutional statutes clash, it may be the case that the more 'fundamental' one takes precedence.

Voters supported the UK leaving the European Union by a margin of 52 to 48 per cent. There were undoubtedly many reasons for supporting this proposition in the minds of voters at the time. Which of the following constitute some of the more prominent concerns? Select all that apply.

The supremacy of EU law was felt to compromise the sovereignty of Parliament.

A number of EU policies, such as free movement of people, were deeply unpopular and could not be opted out of.

The EU was considered to be fundamentally undemocratic as an institution.

The EU institutions do not properly respect human rights.

The notion that the EU is an institution fundamentally set against democracy is often expressed by those hostile to the European Union. It is undoubtedly true that the EU legal order imposes certain limits upon democracy, at least as it is commonly understood. Which of the following statements concerning the EU and democracy is most accurate? Select the single best answer.

Elements of democracy can be found within the EU institutional framework. The Council features representatives from member states, but no representative is elected directly. Whilst it used to be the case that many EU laws were passed without the consent of member states, most laws are not passed without the explicit consent of national Parliaments. The national representatives in the Council must also approve of laws, although it is now the case that laws can be passed (and affect member states) even where their representatives do not consent, thanks to the QMV procedure. All EU law is directly effective and allows member states no leeway in terms of how to implement it. Now that the UK has chosen to leave the European Union, no problems for democracy arise: every decision relating to whether to keep EU laws on the statute book will be made by the democratically-elected Parliamentarians.

Elements of democracy can be found within the EU institutional framework. The European Parliament and Council feature representatives from member states, although neither are directly elected. In practice, many EU laws are passed without the consent of the democratically-elected Parliament. The national representatives in the Council must also approve of laws, although it is now the case that laws can be passed (and affect member states) even where their representatives do not consent, thanks to the QMV procedure. Whilst certain types of EU law become directly effective once they are passed, and most EU laws allow member states very little leeway in terms of the specific measures required to implement these directives, it remains the case that a later Act of Parliament can always be passed to revoke any law, EU or otherwise. In any case, now that the UK has chosen to leave the European Union, another democratic deficit has arisen: whilst the UK has revoked all existing EU law, it continues to be bound by any future EU law passed by EU Parliament.

Elements of democracy can be found within the EU institutional framework. The European Parliament and Council feature representatives from member states; the former are elected directly. Whilst it used to be the case that many EU laws were passed without the consent of the democratically-elected Parliament, it is now the norm that most laws are passed through the 'ordinary legislative procedure', requiring Parliament's consent. The national representatives in the Council must also approve of laws, although it is now the case that laws can be passed (and affect member states) even where their representatives do not consent, thanks to the QMV procedure. Certain types of EU law become directly effective once they are passed, and take precedence over national law due to the supremacy doctrine. However, many EU laws allow member states a lot of leeway in terms of the specific measures required to implement these directives. In any case, now that the UK has chosen to leave the European Union, another democratic deficit has arisen: many EU laws are to be converted to domestic law, with the primary responsibility for their updating and amendment falling to ministers, who are able to amend primary legislation passed by Parliament.

Elements of democracy can be found within the EU institutional framework. The European Parliament and Council feature representatives from member states, although neither are directly elected. In practice, many EU laws are passed without the consent of the democratically-elected Parliament. The national representatives in the Council must also approve of laws, although it is now the case that laws can be passed (and affect member states) even where their representatives do not consent, thanks to the QMV procedure. Certain types of EU law become directly effective once they are passed, and take precedence over national law due to the supremacy doctrine. However, many EU laws allow member states a lot of leeway in terms of the specific measures required to implement these directives. In any case, now that the UK has chosen to leave the European Union, another democratic deficit has arisen: many EU laws are to be converted to domestic law, with the primary responsibility for their updating and amendment falling to ministers, who are able to amend primary legislation passed by Parliament themselves.

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