Chapter 4 Multiple Choice Questions

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. Which one of the following statements is false?

All 28 Member States of the European Union are signatories to the European Convention on Human Rights. correct incorrect

Membership of the European Union automatically results in the Member State becoming a signatory to the European Convention on Human Rights. correct incorrect

The Treaty of Lisbon provides that the European Union shall accede to the European Convention on Human Rights. correct incorrect

The Court of Justice is not bound by the decisions of the European Court of Human Rights. correct incorrect

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. Which one of the following types of EU legislation is directly applicable (that is, becomes part of domestic law once passed)?

Regulations correct incorrect

Directives correct incorrect

Decisions correct incorrect

Recommendations correct incorrect

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. Why is R v Secretary of State for Transport, ex parte Factortame regarded as a revolutionary decision?

It provided that that EU law prevails over conflicting domestic law, even if the domestic law is contained in an Act of Parliament. correct incorrect

It provided that an Act of Parliament prevails over inconsistent EU legislation. correct incorrect

It provided that the courts have the power to quash an Act of Parliament if it is inconsistent with EU law. correct incorrect

It provided that where an Act of Parliament conflicts with EU law, the courts are free to choose which law to follow. correct incorrect

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. Which one of the following statements is correct?

The United Kingdom became part of the European Union when it signed the Treaty of Rome in 1957. correct incorrect

The United Kingdom became part of the European Union in 1973 following the passing of the European Communities Act 1972. correct incorrect

Although the UK signed the Treaty of Rome when it was first passed in 1957, the UK did not become subject to EU law until the European Communities Act 1972 was passed. correct incorrect

The UK became part of the European Union with the passing of the Single European Act. correct incorrect

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. Which institution of the European Union is responsible for initiating legislation?

The European Parliament correct incorrect

The European Commission correct incorrect

The Council of the European Union correct incorrect

The Court of Justice of the EU correct incorrect

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. Which one of the following statements provides an accurate description of the concept of vertical direct effect?

A provision has vertical direct effect if it can be relied on in a domestic court and creates obligations between individuals. correct incorrect

A provision that has vertical direct effect can never be relied on in a domestic court. correct incorrect

A provision has vertical direct effect if it can be relied on in a domestic court and creates obligations between Member States and individuals. correct incorrect

A provision that has vertical direct effect automatically forms part of domestic law without the need for implementation by the Member State. correct incorrect

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. In relation to the effects of the Human Rights Act 1998 on domestic law, which one of the following statements is true?

English courts can quash an Act of Parliament that breaches the Convention rights of citizens of England and Wales. correct incorrect

The courts must always interpret domestic legislation in a manner that is compatible with the European Convention. correct incorrect

A court can ignore a legally binding precedent if it feels that the precedent is incompatible with a Convention right. correct incorrect

If the court considers that a piece of subordinate legislation is incompatible with a Convention right, it must still apply the legislation to the case before it. correct incorrect

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. What does s 6 of the Human Rights Act 1998 state?

That domestic courts must, so far as is possible, interpret domestic legislation in a manner that is compatible with the Convention. correct incorrect

That it is unlawful for a public authority to act in a manner that is incompatible with a Convention right, unless it is doing so to comply with an Act of Parliament. correct incorrect

That a court may issue a declaration of incompatibility if it considers that a piece of domestic legislation is incompatible with a Convention right. correct incorrect

That breaches of Arts 2 - 12 and Art 14 can be enforced in a domestic court. correct incorrect

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. The European Convention on Human Rights can be enforced in a domestic court by…?

Any natural or legal person providing that a breach has occurred of any of the rights contained in the ECHR or the accompanying Protocols. correct incorrect

Natural persons only. correct incorrect

A victim of a Convention violation, providing that the article in question is expressly covered under the Human Rights Act 1998, and the victim is a type of person covered by the article.
incorrect correct incorrect

Legal persons only. correct incorrect

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. Which one of the following statements is correct?

English courts are bound by both the European Convention on Human Rights and decisions of the European Court of Human Rights. correct incorrect

English courts are not bound by the European Convention on Human Rights, but they must follow the decisions of the European Court of Human Rights. correct incorrect

English courts are required to take into account decisions of the European Court of Human Rights. correct incorrect

English courts are free to ignore decisions of the European Court of Human Rights. correct incorrect