Chapter 8 Self-test questions

1. The EU is a membership organisation, which at present consists of __ member states.

2. The European Union began life as three separate European Communities. Select the three from the names below.

European Economic Community

European Atomic Energy Community

European Monetary Community

European Coal and Steel Community

3. Which Treaty led to the development of the European Union in 1992?

The Treaty of Paris

The Treaty of Brussels

The Maastricht Treaty

The Treaty of Rome

4. Please match the three types of European Union competencies to their definitions

The EU has the power to legislate and adopt binding acts in these fields. Includes free movement of persons (border controls, asylum, immigration), internal market provisions (goods, services, contracts, consumer protection, competition law etc), economic and monetary union, justice and security, anti-discrimination.

The EU and Member States may adopt binding acts in these fields. But Member States may only do so if the EU has not chosen to act.

Member States have the power to legislate in these fields. The EU may only support, co-ordinate or complement Member State action.

5. Which option best reflects the hierarchy of European law, from highest to lowest?

Treaties, regulations, directives, decisions and recommendations.

Treaties, directives, recommendations, regulations and decisions

Treaties, regulations, directives, recommendations and decisions

Treaties, recommendations, regulations and decision and directives.

6. There are two broad type of state – those that are monist and those that are dualist. Please match the definition to the correct type of state.

International law becomes part of the domestic jurisdiction once fully ratified by the state. Its provisions may be enforced via the domestic courts.

The state becomes bound by the terms of the international law once it has ratified it, but its provisions are not enforceable via the domestic courts unless domestic legislation is passed to effect this.

7. When the UK signed the Treaty of Rome to join the European Economic Communities, it agreed to give effect to Community law and to fulfil this obligation Parliament enacted the European Communities Act 1972.

True

False

8. The relationship between UK domestic law and European law when the UK was a member of the EU can be explained with the reference to some of the following principles. Which ones illustrate the relationship between these two types of law as it operated when the UK was a member state?

Some forms of European law, such as directly applicable clauses in treaties and regulations, overrode provisions of UK law if European and domestic provisions were in conflict.

Where there was some ambiguity in the UK legal provisions and by reinterpreting UK law judges could give effect to the overriding European law provisions, then judges would apply the reinterpreted UK law in conformity with European law.

All European law was overriding in the UK.

Where UK law did not contradict European law, judges in British courts would apply UK law.

9. Article 50 TEU provides that a member state may exit the EU, subject to certain conditions being fulfilled. This laid to rest Lord Denning's question about whether full Parliamentary sovereignty could ever be reclaimed by the UK Parliament.

True

False

10. The European Union (Notification of Withdrawal) Act 2017 made provision for which of the following eventualities?

The power to the Executive to notify the EU of the UK's intention to leave the EU using the Royal Prerogative.

A referendum was required before a decision could be made to notify the EU of the UK's intention.

The Act gave the power to Parliament to seek UK withdrawal from the EU by activating article 50 of the TEU.

The government was to renegotiate the UK's relationship with the EU if the UK was to remain a member state.

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