Chapter 9 Self-test questions

. The Council of Europe… Please select all that apply.

Is an EU institution.

Was founded to promote democracy and protect human rights throughout Europe.

Consists of 47 member countries, including all EU Member States.

Is an international organization.

. Which courts have jurisdiction to hear claims by individuals claiming to be victims of an infringement of the ECHR? Please select all that apply.

The national courts.

The Court of Justice.

The General Court.

The European Court of Human Rights.

. When comparing and contrasting the European Court of Human Rights with the EU Courts, which of the following statements is true? Please select all that apply.

The jurisdiction of the Court of Human Rights extends to more member states.

The Court of Human Rights interprets a different body of law.

The Court of Human Rights has a different procedure for applicants wishing to bring a claim.

The Court of Human Rights considers human rights claims whereas the EU courts do not.

. According to the Court of Justice in Nold, which of the following provides the basis of human rights in EU law? Please select all that apply.

The EEC Treaty 1957.

International treaties to which the EU Member States are parties.

EU secondary legislation.

The constitutional traditions common to the Member States.

. What is the legal status of the EU Charter of Fundamental Rights?

It is a form of EU secondary legislation, like Regulations, Directives and Decisions.

It is a non-binding aspirational statement.

It is a draft document.

It has the status of an EU Treaty.

. Which of the following statements most accurately describes the similarities/differences between the rights contained in the EU Charter of Fundamental Rights and those in the ECHR?

There is considerable overlap but a number of differences.

They are exactly the same.

The Charter only contains economic and social rights, and the ECHR only contains civil and political rights.

Very few ECHR rights appear in the Charter.

. Which of the following statements best describes the impact of Protocol 30?

EU human rights law is inapplicable in the UK.

The EU Charter of Fundamental Rights is inapplicable in the UK.

It does not affect the applicability of the EU Charter of Fundamental Rights in the UK.

It creates additional human rights applicable only the UK.

. In Bosphorus the Court of Human Rights held as follows. Please select all that apply.

EU law failed to provide adequate human rights protection.

EU law provided equivalent protection to the ECHR.

It would be presumed that an EU Member State did not breach the ECHR merely by complying with EU law.

An EU Member State would never breach the ECHR so long as it complied with EU law.

. If and when the EU accedes to the ECHR, what new developments will that bring for the Court of Human Rights? Please select all that apply.

It will be possible to bring a claim against the EU.

It will become possible for the first time to bring a claim against an EU Member State.

It will be possible to bring a claim against the EU together with one or more of its Member States.

The EU will become a member of the Council of Europe.

. Which of the following will best describe the connection (if any) between the EU courts and the Court of Human Rights if the EU accedes to the ECHR?

The Court of Human Rights will hear appeals from the EU courts and vice versa.

There will be no connection at all.

If the co-respondent procedure applies in the Court of Human Rights and the Court of Justice has not yet had the opportunity to give an opinion on the EU law at issue, a case may be stayed in order for the Court of Justice to give its opinion.

The Court of Human Rights will follow the rulings of the EU courts as a binding precedent and vice versa.

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