FE-1 EU Law

Question 1

What is the principle of direct effect in EU law, and how does it apply in Ireland?

Accepted Answer

EU law provisions that are clear, precise, and unconditional can be relied upon by individuals directly in national courts

Answer

EU law automatically replaces all conflicting Irish legislation

Answer

Only EU Regulations have any legal effect in Ireland

Answer

EU Directives become Irish law without transposition

Question 2

What is the principle of supremacy (primacy) of EU law?

Accepted Answer

EU law takes precedence over conflicting national law, including constitutional provisions, in areas where the EU has competence

Answer

EU law is always superior to the Irish Constitution in all matters

Answer

National courts must always follow EU law instead of national law

Answer

EU law only takes precedence in trade matters

Question 3

What is the preliminary reference procedure under Article 267 TFEU?

Accepted 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

Answer

A procedure for EU citizens to directly petition the European Court

Answer

An appeal process from national courts to the EU Court

Answer

A procedure for the European Commission to enforce EU law

Question 4

What are the four fundamental freedoms of the EU internal market?

Accepted Answer

Free movement of goods, persons, services, and capital

Answer

Freedom of speech, religion, assembly, and press

Answer

Free movement of goods, workers, information, and technology

Answer

Free trade, free travel, free speech, and free enterprise

Question 5

What is the difference between an EU Regulation and an EU Directive?

Accepted 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

Answer

A Regulation is advisory; a Directive is mandatory

Answer

A Regulation only applies to member states; a Directive applies to individuals

Answer

There is no legal difference between them

Question 6

What is the Francovich principle in EU law?

Accepted Answer

Member states can be held liable in damages for failure to properly implement EU law

Answer

EU citizens have automatic standing to sue EU institutions

Answer

National courts must always apply EU law over national law

Answer

Member states can opt out of EU Directives they disagree with