Deeltoets 1 Europees recht (1 februari 2018)

Part A: Multiple Choice Questions
(max. 80 points)

Question 1

The so-called ‘three pillar’ structure of the European Union (EU) consisting of the European
Communities (‘Pillar 1’), the CFSP (‘Pillar 2’) and JHA (‘Pillar 3’) was finally abandoned by:

1. The Single European Act (1986);
2. The Treaty of Maastricht (1992);
3. The Treaty of Nice (2000);
4. The Treaty of Lisbon (2007).

Question 2

The Charter of Fundamental Rights of the EU is a legally binding document since:

1. The Single European Act (1986);
2. The Treaty of Maastricht (1992);
3. The Constitutional Treaty (2004);
4. The Treaty of Lisbon (2007).

Question 3

Which of the following entities is not an institution of the EU?

1. European Council.
2. Council (of Ministers).
3. Council of Europe.
4. European Commission.

Question 4

Which of the following institutions has an (almost) exclusive right to propose EU legislative
acts (right of initiative)?

1. European Council.
2. Council (of Ministers).
3. European Parliament.
4. European Commission.

Question 5




1

, How many of the votes that were allocated to the national parliaments are necessary to
draw a so-called ‘yellow card’ in the procedure designed to provide the national parliaments
with more influence in the EU law-making process (particularly on the subsidiarity question)?

1. At least the votes of one national parliament (at the moment 2 out of 56).
2. At least one third of the votes of the national parliaments (at the moment 19 out of
56).
3. At least a simple majority of the votes of the national parliaments (at the moment 29
out of 56).
4. All the votes of the national parliaments (at the moment 56 out of 56).


Question 6

The establishment of a legal basis for creating the European Stability Mechanism (ESM) by
the European Council, is an example of the use of:

1. the ordinary revision procedure;
2. the simplified revision procedure;
3. the ordinary legislative procedure;
4. a special legislative procedure.


Question 7

Direct effect of EU law:

1. is NOT a feature of all provisions of the TFEU;
2. means that a provision of EU law can be challenged by an individual directly
before the national parliaments of the Member States;
3. was, as a concept, first established by the European Court of Justice (ECJ) in its
Foto Frost ruling;
4. is explicitly laid down in the TEU since the entry into force of the Lisbon Treaty.

Question 8

At the time of ECJ’s ruling in Costa ENEL, the Member States treated the EEC Treaty with the
same approach that they treated all international agreements in their national legal orders.
This means that the ECJ’s ruling in Costa ENEL was likely to have:

1. a more profound impact in an EU Member State with a monist legal system;
2. a more profound impact in an EU Member State with a dualist legal system;
3. exactly the same impact in EU Member States with either a monist or a dualist legal
system;
4. no impact whatsoever in EU Member States with either a monist or a dualist legal
system.




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