FE-1 EU Law — Questions and Answers
Question 1: What is the principle of direct effect in EU law, and how does it apply in Ireland?
- EU law provisions that are clear, precise, and unconditional can be relied upon by individuals directly in national courts (Correct answer)
- EU law automatically replaces all conflicting Irish legislation
- Only EU Regulations have any legal effect in Ireland
- EU Directives become Irish law without transposition
Correct answer: EU law provisions that are clear, precise, and unconditional can be relied upon by individuals directly in national courts
The principle of direct effect, established in Van Gend en Loos (1963), allows individuals to invoke clear, precise, and unconditional EU law provisions directly before Irish courts. Treaty articles and Regulations have vertical and horizontal direct effect; Directives have only vertical direct effect.
Question 2: What is the principle of supremacy (primacy) of EU law?
- EU law takes precedence over conflicting national law, including constitutional provisions, in areas where the EU has competence (Correct answer)
- EU law is always superior to the Irish Constitution in all matters
- National courts must always follow EU law instead of national law
- EU law only takes precedence in trade matters
Correct answer: EU law takes precedence over conflicting national law, including constitutional provisions, in areas where the EU has competence
Established in Costa v ENEL (1964), the principle of supremacy means that EU law prevails over conflicting national law in areas of EU competence. In Ireland, this is facilitated by Article 29.4.6° of the Constitution, which gives constitutional immunity to EU measures.
Question 3: What is the preliminary reference procedure under Article 267 TFEU?
- A procedure allowing national courts to refer questions on the interpretation or validity of EU law to the Court of Justice of the EU (Correct answer)
- A procedure for EU citizens to directly petition the European Court
- An appeal process from national courts to the EU Court
- A procedure for the European Commission to enforce EU law
Correct answer: A procedure allowing national courts to refer questions on the interpretation or validity of EU law to the Court of Justice of the EU
Article 267 TFEU allows (and in some cases requires) national courts to refer questions to the CJEU regarding the interpretation of Treaties or the validity and interpretation of acts of EU institutions. This ensures uniform application of EU law across member states.
Question 4: What are the four fundamental freedoms of the EU internal market?
- Free movement of goods, persons, services, and capital (Correct answer)
- Freedom of speech, religion, assembly, and press
- Free movement of goods, workers, information, and technology
- Free trade, free travel, free speech, and free enterprise
Correct answer: Free movement of goods, persons, services, and capital
The four fundamental freedoms — free movement of goods, persons (including workers and establishment), services, and capital — form the foundation of the EU internal market as established by the Treaties.
Question 5: What is the difference between an EU Regulation and an EU Directive?
- A Regulation is directly applicable and binding in its entirety; a Directive requires transposition into national law and is binding as to the result to be achieved (Correct answer)
- A Regulation is advisory; a Directive is mandatory
- A Regulation only applies to member states; a Directive applies to individuals
- There is no legal difference between them
Correct answer: A Regulation is directly applicable and binding in its entirety; a Directive requires transposition into national law and is binding as to the result to be achieved
Under Article 288 TFEU, a Regulation is binding in its entirety and directly applicable in all member states without national implementation. A Directive binds member states as to the result but leaves the choice of form and methods to national authorities, requiring transposition.
Question 6: What is the Francovich principle in EU law?
- Member states can be held liable in damages for failure to properly implement EU law (Correct answer)
- EU citizens have automatic standing to sue EU institutions
- National courts must always apply EU law over national law
- Member states can opt out of EU Directives they disagree with
Correct answer: Member states can be held liable in damages for failure to properly implement EU law
In Francovich v Italy (1991), the CJEU established that member states may be liable to compensate individuals for losses suffered as a result of a state's failure to implement a Directive, provided the Directive confers rights, the content of those rights is identifiable, and there is a causal link.
FE-1 EU Law
What is the principle of direct effect in EU law, and how does it apply in Ireland?