Chapter 5: The European Union and European Community Law

Please work through the following sections, taking care to observe the marks allocated for each question.

A) DEFINITIONS

Please explain the meaning of the following terms, providing examples wherever appropriate.

1) The Treaty of Rome

2) Entrenched laws

3) The Court of Auditors

4) The Court of First Instance

5) Advocates-General

6) Purposive approach

7) European Communities Act 1972

8) MEP

9) The Francovich principle

10) The Co-decision Procedure

B) DIFFERENCES

11) Distinguish European primary legislation, secondary legislation and case-law.

12) Explain the difference between direct effect and direct applicability.

C) LISTS

13) List two Treaties that have amended the EC Treaty over the last ten years. (2)

14) List three ways in which the rule that Directives can only be vertically directly effective may be side-stepped so as to provide horizontal direct effect. (3)

15) List five European Union institutions involved in the EC law-making process. (5)

16) List two cases that illustrate the direct effect of Treaty provisions. (2)

17) List three cases that confirm the supremacy of European Community law. (3)

D) MISCELLANEOUS

18) Using cases to illustrate your answer, explain the Art.234 Reference procedure.

19) Summarize the facts of R v Secretary of State for Transport ex p Factortame (1991) and explain its implications for UK sovereignty.

20) It is often said that the institutions of the European Union reflect a “democratic deficit”. Explain this point and offer your view to support or challenge the “deficit”.

21) Explain how the direct effect principle applies to European Community primary legislation and the two principal forms of European Community secondary legislation.