Chapter 4 Self-test questions

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Determining the question of priorities between directly effective international law and domestic law is normally reserved to ________ law.

Your response

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Van Gend en Loos (case 26/62) is famous for:

setting a precedent that makes EU law supreme over conflicting domestic law. correct incorrect

raising the doctrine of 'direct effect'. correct incorrect

announcing that EU law cannot override domestic constitutional principles. correct incorrect

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Consider the following problem question and select all the correct options. A claim was brought by Spanish fishermen before the Italian courts for an interim injunction to prevent the application of certain sections of the Merchant Shipping Act 1988, which denied them the right to register their boats in Italy, and which the claimant alleged were in breach of EU law. What are the problems for the Italian national courts? [Please select all that apply]

Under no circumstances can Italian courts give precedence to EU law correct incorrect

There is a problem of application. Italy has a written constitution, which precludes a judge, other than a judge of a constitutional court, to declare a domestic law invalid for breach of EU law. correct incorrect

Despite the problem of application, an Italian court which is called upon to give precedence to EU law over conflicting domestic law must do so. It cannot await the prior setting aside of such provision by legislative or other constitutional means. correct incorrect

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The principle of primacy only applies to EU laws which are directly effective.

True correct incorrect

False correct incorrect

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The status of Union law in the UK derives from the ___________.

Your response

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Which of the following statements precisely reflect the German's courts response to the doctrine of supremacy?

German courts are increasingly hesitant to give primacy for EU law over conflicting domestic measures. correct incorrect

German courts from the outset have incorporated the principle of supremacy into the German legal system correct incorrect

German Courts are prepared to fully comply with the principle of primacy of EU law, as long as Union law does not threaten German Constitutional rights and insofar as the Union institutions have acted within their powers under Treaties. correct incorrect