FE-1 EU Law 2 — Questions and Answers
Question 1: How has Ireland's membership of the EU affected the principle of parliamentary sovereignty?
- The Oireachtas cannot legislate contrary to EU law in areas of EU competence, as facilitated by Article 29.4.6° of the Constitution (Correct answer)
- The Oireachtas retains full sovereignty and can override any EU law
- Ireland has transferred all legislative powers to the EU
- Parliamentary sovereignty is unaffected by EU membership
Correct answer: The Oireachtas cannot legislate contrary to EU law in areas of EU competence, as facilitated by Article 29.4.6° of the Constitution
Article 29.4.6° of the Constitution provides that no provision of the Constitution invalidates laws enacted, acts done, or measures adopted by the State necessitated by EU membership. This limits the Oireachtas's legislative sovereignty in areas governed by EU law.
Question 2: What is the principle of proportionality in EU law?
- EU action must not go beyond what is necessary to achieve its objectives (Correct answer)
- All member states must contribute equally to the EU budget
- EU institutions must share power equally
- EU Regulations must be the same length as national laws they replace
Correct answer: EU action must not go beyond what is necessary to achieve its objectives
The principle of proportionality, enshrined in Article 5(4) TEU, requires that the content and form of EU action shall not exceed what is necessary to achieve the objectives of the Treaties. It acts as a check on EU legislative power.
Question 3: What is the role of the European Commission in EU governance?
- It acts as the executive body, proposes legislation, enforces EU law, and manages EU policies and budgets (Correct answer)
- It is the main legislative body that passes EU laws
- It is the judicial branch that interprets EU law
- It represents member states' governments in EU decision-making
Correct answer: It acts as the executive body, proposes legislation, enforces EU law, and manages EU policies and budgets
The European Commission serves as the EU's executive arm. It has the exclusive right to propose legislation, ensures member states comply with EU law (guardian of the Treaties), implements EU policies, and manages the EU budget.
Question 4: What are the conditions for state liability under the Brasserie du Pêcheur/Factortame III test?
- The rule of law breached must confer rights, the breach must be sufficiently serious, and there must be a direct causal link between breach and damage (Correct answer)
- Any breach of EU law gives rise to automatic state liability
- Only intentional breaches of EU law create state liability
- State liability only arises when the European Commission brings proceedings
Correct answer: The rule of law breached must confer rights, the breach must be sufficiently serious, and there must be a direct causal link between breach and damage
In Brasserie du Pêcheur/Factortame III (1996), the CJEU established three conditions for state liability: the rule breached must be intended to confer rights on individuals, the breach must be sufficiently serious, and there must be a direct causal link between the breach and the damage.
Question 5: What is the principle of subsidiarity in EU law?
- In areas of non-exclusive competence, the EU shall act only if the objectives cannot be sufficiently achieved by member states (Correct answer)
- The EU always has priority over member states in all policy areas
- Member states must always defer to EU law in all matters
- EU law applies only when national law is absent
Correct answer: In areas of non-exclusive competence, the EU shall act only if the objectives cannot be sufficiently achieved by member states
Under Article 5(3) TEU, the principle of subsidiarity provides that in areas which do not fall within its exclusive competence, the EU shall act only if the objectives of the proposed action cannot be sufficiently achieved by the member states and can be better achieved at EU level.
Question 6: What is the doctrine of indirect effect (consistent interpretation) in EU law?
- National courts must interpret domestic law in conformity with EU Directives as far as possible (Correct answer)
- EU law has no effect on national law interpretation
- Only EU courts can interpret EU law
- National courts can ignore unimplemented Directives
Correct answer: National courts must interpret domestic law in conformity with EU Directives as far as possible
Established in Von Colson and Marleasing, the doctrine of indirect effect requires national courts to interpret domestic legislation, as far as possible, in light of the wording and purpose of relevant EU Directives, even in disputes between private parties.
FE-1 EU Law 2
How has Ireland's membership of the EU affected the principle of parliamentary sovereignty?