Chapter 6 Self-test questions

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Article 267 TFEU concerns which of the following?

An action for damages against the institutions of the EU. correct incorrect

An action to annul acts of the institutions. correct incorrect

The preliminary ruling procedure whereby the courts of the member States can ask the European Court of Justice for a ruling on EU law. correct incorrect

An action against member States in the national courts. correct incorrect

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Article 234 EC (now 267 TFEU) was instrumental in the development of the leading principles of EU law by the European Court of Justice.

True correct incorrect

False correct incorrect

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Which of the following describes the relationship between the European Court of Justice and the national courts?

Hierarchical, with the CoJ at the apex of the hierarchy. correct incorrect

One in which the national supreme courts can demand a solution from the CoJ. correct incorrect

A system of appeal from the national courts to the CoJ. correct incorrect

One of equality. correct incorrect

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Which of the following courts can refer?

Only national supreme courts. correct incorrect

Those that match the guidelines and case law of the European Court of Justice. correct incorrect

Only those labelled as courts. correct incorrect

Only those designated by the national authorities. correct incorrect

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It is for the parties to a case to decide whether to refer a question.

True correct incorrect

False correct incorrect

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Because it is a matter for the national court to decide if it requires a ruling, the European Court of Justice may not refuse to give rulings on references from the national courts.

True correct incorrect

False correct incorrect

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According to Art. 267 TFEU, all national courts that have a question must do which of the following?

Refer. correct incorrect

Decide whether to refer or not. correct incorrect

Seek approval from higher national courts to refer. correct incorrect

Refer, but only according to whether or not they are a court of last instance. correct incorrect

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A question of the validity of secondary EU law must be referred to the European Court of Justice.

True correct incorrect

False correct incorrect

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When does Art. 267(3) TFEU oblige courts of last instance to refer?

In all circumstances. correct incorrect

Only when they decide to. correct incorrect

In all instances, except if the point has already been answered or if, in the EU context, the answer is clear (acte clair). correct incorrect

Never. correct incorrect

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'Acte clair' means that the national courts can decide for themselves how to apply EU law.

True correct incorrect

False correct incorrect

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An Art. 267 TFEU ruling is not binding on any court.

True correct incorrect

False correct incorrect