FE-1 EU Law 2

Question 1

How has Ireland's membership of the EU affected the principle of parliamentary sovereignty?

Accepted Answer

The Oireachtas cannot legislate contrary to EU law in areas of EU competence, as facilitated by Article 29.4.6° of the Constitution

Answer

The Oireachtas retains full sovereignty and can override any EU law

Answer

Ireland has transferred all legislative powers to the EU

Answer

Parliamentary sovereignty is unaffected by EU membership

Question 2

What is the principle of proportionality in EU law?

Accepted Answer

EU action must not go beyond what is necessary to achieve its objectives

Answer

All member states must contribute equally to the EU budget

Answer

EU institutions must share power equally

Answer

EU Regulations must be the same length as national laws they replace

Question 3

What is the role of the European Commission in EU governance?

Accepted Answer

It acts as the executive body, proposes legislation, enforces EU law, and manages EU policies and budgets

Answer

It is the main legislative body that passes EU laws

Answer

It is the judicial branch that interprets EU law

Answer

It represents member states' governments in EU decision-making

Question 4

What are the conditions for state liability under the Brasserie du Pêcheur/Factortame III test?

Accepted 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

Answer

Any breach of EU law gives rise to automatic state liability

Answer

Only intentional breaches of EU law create state liability

Answer

State liability only arises when the European Commission brings proceedings

Question 5

What is the principle of subsidiarity in EU law?

Accepted Answer

In areas of non-exclusive competence, the EU shall act only if the objectives cannot be sufficiently achieved by member states

Answer

The EU always has priority over member states in all policy areas

Answer

Member states must always defer to EU law in all matters

Answer

EU law applies only when national law is absent

Question 6

What is the doctrine of indirect effect (consistent interpretation) in EU law?

Accepted Answer

National courts must interpret domestic law in conformity with EU Directives as far as possible

Answer

EU law has no effect on national law interpretation

Answer

Only EU courts can interpret EU law

Answer

National courts can ignore unimplemented Directives