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Return to English Legal System, 5e Student Resources
Chapter 6 Scenario questions
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Toni is a magistrate in a criminal court in France. One day she is faced with a prosecution alleging that a company had breached an EU regulation dealing with health and safety in the workplace. Toni considers that the regulation is ambiguous and is thinking about seeking a preliminary ruling. Which of the following is true?
Toni cannot seek a preliminary ruling because the litigation involves criminal law.
correct
incorrect
Toni cannot seek a preliminary ruling because she is only a magistrate in a trial court.
correct
incorrect
Toni can seek a preliminary ruling.
correct
incorrect
Toni cannot seek a preliminary ruling because the provision in the regulation was the subject of a preliminary ruling last year.
correct
incorrect
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Pedro is a judge in a civil court in Spain. He is dealing with a commercial dispute between two Spanish companies. One of the parties is relying upon a provision of Spanish legislation, which was passed by the Spanish parliament to give effect to an EU directive. Pedro thinks that the Spanish legislation is unclear, but the directive is much more precise. Which of the following is correct?
Pedro can use the directive to explain the meaning of the ambiguous Spanish legislation.
correct
incorrect
Pedro can ignore the Spanish legislation and simply apply the directive instead.
correct
incorrect
Pedro will have to make his judgment based exclusively on the Spanish legislation. The directive cannot be referred to in national courts, because directives are designed to be implemented into national law.
correct
incorrect
Pedro should seek a preliminary ruling on the ambiguous Spanish legislation.
correct
incorrect
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Last year, the EU issued a (fictitious) directive prohibiting discrimination on grounds of hair colour as a condition of employment. The implementation date was January 1
st
this year. The directive has not been implemented into Italian law, although it should have been. Which one of the following people could enforce the directive in an Italian court?
Luigi was turned down for a job in the police force in December last year because of his red hair.
correct
incorrect
Simone, who was turned down for a job in the Italian Ministry of Heath last week because of her blonde hair.
correct
incorrect
Antonio was turned down for a job in a bank last week because of his multi-coloured hair.
correct
incorrect
Giuseppe, who was turned down for a job with the Italian navy last week because he is bald.
correct
incorrect
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The Supreme Court of the Netherlands is dealing with a dispute. The lawyers for one of the litigants have argued that a provision of the TFEU is applicable and have invited the Supreme Court to seek a preliminary ruling. Which of the following is NOT true?
The Supreme Court can decline to seek a ruling on the basis that the provision is so clear that there is no scope for any reasonable doubt.
correct
incorrect
The Supreme Court has complete discretion whether or not to seek a ruling.
correct
incorrect
The Supreme Court can decline to seek a ruling if it transpires that the provision in question has already been interpreted by the Court of Justice.
correct
incorrect
The Supreme Court can decline to seek a ruling if it reaches the conclusion that the provision in question Is not relevant to the dispute.
correct
incorrect
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