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Return to Subject Area Student Resources for Public Law
Self-test questions: EU and Brexit
By Josie Welsh
Quiz Content
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When did the United Kingdom originally join the European Union (EU)?
1970
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1971
correct
incorrect
1972
correct
incorrect
1973
correct
incorrect
1974
correct
incorrect
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During a revision workshop, James sets his students a quiz to see what they can remember about the UK's European Union membership's impact on the United Kingdom constitution. Reading through the questions, Dot gets stuck on the following: 'Which statute gave effect to the UK's membership of the European Union?'
Choose the best answer to this question.
European Communities Act 1970
correct
incorrect
European Communities Act 1971
correct
incorrect
European Communities Act 1972
correct
incorrect
European Communities Act 1973
correct
incorrect
European Communities Act 1974
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incorrect
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Within the body of European Union law are four 'fundamental freedoms' around which much of the substantive and procedural law of the European Union revolves.
What are they?
Free of movement of goods, money, people and businesses
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Free of movement of goods, services, people and capital
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incorrect
Free of movement of services, goods, people and animals
correct
incorrect
Free of movement of people, services, transport and goods
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incorrect
Free of movement of goods, money, tourists and services
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incorrect
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What is meant by 'dualism' in the context of international – and European Union – law?
Dualism considers international law to be a separate body of law, requiring domestic legislation in order for it to have effect
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Dualism considers international law to be a separate body of law that has the same effect as domestic law
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Dualism considers international law to be part of the same body of law as domestic law but requires domestic legislation in order for it to have effect
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Dualism considers international law to be part of the same body of law as domestic law, requiring no further domestic legislation in order for it to have effect
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Dualism considers international law to be a separate body of law that does not require domestic legislation in order for its to have effect
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In the case of
Van Gend en Loos v Nederlandse Tariefcommissie
[1963], the Court of Justice suggested that by signing the Treaties and joining the European Union, Member States created a 'new legal order'.
What is suggested by the term 'new legal order' within the context of the European Union?
Member States do not limit their own legal sovereignty but have to take cases to the Court of Justice
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Member States limit their own legal sovereignty by recognising EU law within domestic law
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Member States do not limit their own legal sovereignty by writing new domestic laws
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Member States limit their own legal sovereignty by only taking cases to the Court of Justice
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Member States do not limit their own legal sovereignty by recognising EU law within domestic law
correct
incorrect
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Emma is studying the European Union as part of her Public Law course at university. She is currently reading about different sources of EU law and the ways in which they become part of the law of Member States. Emma is a bit confused about the status of Treaties within the EU.
Choose the best explanation to help Emma.
Treaties are a primary source of law within the European Union but Member States have to enact their objectives within their own domestic law
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Treaties are a secondary source of law within the European Union and automatically become part of the law of Member States
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incorrect
Treaties are a primary source of law within the European Union but Member States have to give effect to their objectives as part of their constitution
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Treaties are a secondary source of law within the European Union and Member States have to enact their objectives within their own domestic law
correct
incorrect
Treaties are the primary source of law within the European Union and automatically become part of the law of Member States
correct
incorrect
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Which of the following statements best describes the status of European Union law over the national law of European Union Member States?
The law of the European Union is supreme over the constitutional and ordinary law of Member States
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The law of the European Union is supreme over the constitutional and ordinary laws of Member States only in areas where the European Union exclusive legislative competence
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The law of the European Union is only supreme over the ordinary law of Member States
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The law of the European Union is supreme over the constitutional law of Member States and ordinary law where there is shared legislative competence
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The law of the European Union is only supreme over the constitutional and ordinary law of Member States where Member States permit
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Simran is giving a lecture to her students in Public law about the principle of Parliamentary sovereignty and its place within the United Kingdom constitution. She starts to talk about the principle of supremacy within European Union law when Adam raises his hand and asks, 'What do you mean by supremacy of EU law?'.
Choose the best response to Adam's question.
The principle of supremacy means that all European Union law is supreme
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incorrect
The principle of supremacy is set out in the Treaties to say that where there is a conflict between European Union (EU) law and domestic law, the EU Law will be supreme
correct
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The principle of supremacy states that European Union law is not supreme over Member States' constitutions
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The principle of supremacy explains that where there is a conflict between European Union (EU) law and domestic law, the EU Law will be supreme
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incorrect
The principle of supremacy is used to give effect to domestic law when it comes into conflict with a piece of European Union law
correct
incorrect
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Which House of Lords decision confirmed the status of European Union law as being supreme over a UK Act of Parliament?
M v. Home Office
[1994] 1 AC 377
correct
incorrect
R v. Secretary of State for Transport, ex p Factortame Ltd (No2)
[1991] 1 AC 603
correct
incorrect
Commission v United Kingdom
[1989] ECR 3125
correct
incorrect
Macarthys Ltd v. Smith
[1981] QB 180
correct
incorrect
Thoburn v Sunderland City Council
[2003] QB 151
correct
incorrect
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The European Union has recently enacted Regulation (EU) 2021/879 (fictional). This Regulation relates to the free movement of goods and specifically details safeguards relating to the construction industry and those using natural products such as wood or stone. Connie has a business in France which imports handmade, wooden garden furniture into other EU Member States. Connie wonders whether she is bound by the rules in the recently enacted Regulation.
Explain to Connie the effect of this regulation on the domestic law of the Member State.
Regulations are not directly applicable and will become binding once national legislatures transpose them into national law. Connie will only be bound by the rules in the Regulation then
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Regulations are directly applicable and become automatically binding as soon as they enter into force. Connie is not bound by the rules within the Regulation
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Regulations are not directly applicable and will become binding once national parliaments enact a law to give effect to the rules. Connie is bound by the rules in the Regulation until then
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Regulations are directly applicable and become binding as soon as national legislatures transpose the Regulation into domestic law. Connie is bound by the rules within the Regulation
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incorrect
Regulations are directly applicable and become automatically binding as soon as they enter into force. Connie is bound by the rules within the Regulation
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incorrect
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Dylan works for an electricity company in Ireland and hears on the radio that the EU are going to be enforcing stricter rules around safety and training at work. Dylan speaks to his employer, Jamie, about what he heard on the radio and Jamie remembers receiving an email about the forthcoming Safe Working Directive 2021/555 (fictional). Jamie calls his lawyer for advice about whether he has to follow the Directive. Jamie's lawyer explains the nature of Directives and their status.
Which of the following provides the most accurate description?
Directives are directly applicable legislative acts and are automatically binding when they enter into force
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incorrect
Directives have direct effect as soon as they enter into force as a legislative act
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incorrect
Directives are objectives set out by the European Union and are designed to be implemented into the domestic law of Member States through national legislation
correct
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Directives are directly applicable but they need to be transposed into national law by Member States
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Directives are objectives set out by the European Union but only have effect in Member State once the Court of Justice reaches a decision
correct
incorrect
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The United Kingdom held a referendum asking whether the UK should remain a member of the European Union or leave. Voters decided, by a relatively close margin, to leave. The Government now needs to begin this process as a matter of law. Government lawyers know that the process is made possible by Article 50 TEU but they are unclear whether this decision can be taken using the treaty-making prerogative power of the Crown or whether it requires an Act of Parliament.
Which of the following is the constitutional procedure to be followed here?
The process is begun by enacting an Act of Parliament
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The process is begun by making an Order in Council
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The process is begun by invoking the royal prerogative relating to treaties
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The process is begun by a decision of the United Kingdom Supreme Court
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The process is begun by a meeting of the Cabinet
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It is December 2019 and Bertie runs a company in London which has been trading within the UK and the EU for the last five years. Bertie is aware of the UK's decision to leave the EU and he knows that next month (in January 2020), the old relationship will change. He is not sure how things will work for the next year so he rings his old school friend, Amy, who is now a commercial lawyer.
Amy explains the basis of the UK-EU relationship for the next twelve months – what does she tell Bertie?
The UK formally leaves the EU on 31st January 2020 and there will be a 6-month transition period so the future relationship can be agreed
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The UK formally leaves the EU on 31st January 2020 and there will be a 12-month transition period so the future relationship can be agreed
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The UK formally leaves the EU on 31st January 2020 and the future relationship has been agreed
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The UK formally leaves the EU on 1st January 2021 and the future relationship has been agreed
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The UK formally leaves the EU on 1st January 2021 and there will be a 12-month transition period so the future relationship can be agreed
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incorrect
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Nell is preparing a poster for a presentation as part of her Law degree. Nell has been tasked with researching and talking about the current UK-EU relationship, post-Brexit. Nell is trying to find the current legal basis for the UK's relationship with the European Union now that the UK is no longer a Member State.
Which of the following Acts of Parliament governs the current relationship between the UK and the European Union?
European Communities Act 1972
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incorrect
European Union (Notification of Withdrawal) Act 2017
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incorrect
European Union (Withdrawal) Act 2018
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incorrect
European Union (Withdrawal Agreement) Act 2020
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incorrect
European Union Act 2020
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incorrect
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Saul is studying Public law and knows that he may have to study EU law as part of his Law degree. Saul is certain that EU law is no longer a feature of the UK constitution or the UK legal system. He decides he must ask his tutor next time he sees her about whether there will still be a need to study EU law, post-Brexit.
Does the Brexit process mean that there is no longer any EU law operating within the UK?
No, there is recognition in statute of 'retained EU law'
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No, the UK still has to follow the EU Treaties
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No, the UK is still bound by decisions of the Court of Justice
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Yes, there is no recognition of any EU law within the UK
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Yes, all pre-existing EU law was repealed when the UK left the EU
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incorrect
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