Chapter 4 Self-test questions

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. 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

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. 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

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. 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

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. 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

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. 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 incorrect

The Farrell test. correct incorrect

The Foster test. correct incorrect

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. 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 Mary's Church of England (Aided) Junior School correct incorrect

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. 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

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. Indirect effect imposes a duty on the national courts to interpret national law consistently with EU law "_________".

Your response

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. 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

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. The principles of direct and indirect effect cannot be found anywhere in the EU Treaties.

True correct incorrect

False correct incorrect