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Return to Complete EU Law 4e Student Resources
Chapter 4 Self-test questions
Enforcing EU law rights in national courts
*
not completed
.
What is meant by the 'direct effect' of a provision of EU law?
The provision takes precedence over provisions of national law.
correct
incorrect
No implementation is required.
correct
incorrect
Individuals and businesses can rely on the provision in the national court.
correct
incorrect
The provision is automatically binding on national courts from the date of its adoption.
correct
incorrect
*
not completed
.
Which case established that the principle that Directives are capable of having direct effect?
Van Gend en Loos v Nederlandse Administratie der Belastingen
correct
incorrect
Defrenne v SABENA
correct
incorrect
Van Duyn v Home Office
correct
incorrect
Simmenthal
correct
incorrect
*
not completed
.
What is meant when it is said that a piece of EU legislation is 'vertically directly effective'?
Describes a provision of EU law that can be invoked in a national court against the State or an emanation of the State.
correct
incorrect
Describes a provision of EU law that can be invoked in a national court against an individual.
correct
incorrect
Describes a provision of EU law that can be invoked by individuals in the Court of Justice
correct
incorrect
Describes a provision of EU law that can be invoked in the national courts of third (i.e. non-EU) countries.
correct
incorrect
*
not completed
.
In the context of direct effect, in what case has the Court of Justice most recently formulated the test to identify an 'emanation of the State?
The
Francovich
test.
correct
incorrect
The
Factortame
test.
correct
correct
incorrect
The
Farrell
test.
correct
incorrect
The
Foster
test.
correct
incorrect
*
not completed
.
What did the case of
Mangold v Helm
establish? Please select all that apply.
The Member States should not take any measures which could seriously compromise the attainment of the result prescribed by a Directive, even before the transposition deadline has passed
correct
incorrect
The Member States should, as far as possible, refrain from transposing Directives until the implementation deadline has passed.
correct
incorrect
If a Directive enshrines a general principle of EU law, the Member States should respect this and not enact any measure which conflicts with it, even before the transposition deadline has passed.
correct
incorrect
There is a limited degree of flexibility regarding the transposition of Directives by a certain deadline.
correct
incorrect
*
not completed
.
Which of the following cases provide examples of the incidental horizontal effect that Directives may have? Please select all that apply.
CIA Security International SA v Signalson SA and another
correct
incorrect
Viamex Agrar Handels GmbH and another v Hauptzollamt Hamburg-Jonas
correct
incorrect
Wells v Secretary of State for Transport, Local Government and the Regions
correct
incorrect
National Union of Teachers v Governing Body of St's Church of England (Aided) Junior School
correct
incorrect
*
not completed
.
Which principle requires that national law be interpreted in accordance with relevant EU law?
State liability.
correct
incorrect
Proportionality.
correct
incorrect
Legitimate expectation.
correct
incorrect
Indirect effect.
correct
incorrect
*
not completed
.
Indirect effect imposes a duty on the national courts to interpret national law consistently with EU law "_________".
Your response
*
not completed
.
In the context of domestic remedies for breaches of EU law, which term refers to the fact that any remedy for such a breach must be available on conditions as favourable as those applicable to an equivalent breach of national law?
Proportionality
correct
incorrect
Supremacy
correct
incorrect
Subsidiarity
correct
incorrect
Equivalence
correct
incorrect
*
not completed
.
The principles of direct and indirect effect cannot be found anywhere in the EU Treaties.
True
correct
incorrect
False
correct
incorrect
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