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EPSO EU Knowledge & Field-Related Test study materials
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EPSO EU Knowledge & Field-Related Test practice questions

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Question 1EU institutional framework and decision-making

Under the ordinary legislative procedure, which institution must approve a legislative proposal before it can be adopted?

  1. Only the European Parliament
  2. The European Commission and the Court of Justice
  3. Only the Council acting unanimously
  4. The European Parliament and the Council acting jointly Correct answer.

Explanation

The ordinary legislative procedure requires the joint adoption of legislation by the European Parliament and the Council, both acting on a proposal from the Commission. Neither institution can adopt the act alone under this procedure, so the two co-legislators must reach agreement, usually through trilogue negotiations and a first or second reading.

Question 2EU institutional framework and decision-making

In the Council of the EU, a qualified majority under the current rules requires which combination?

  1. At least 72% of member states representing at least 50% of the EU population
  2. Unanimity of all member states
  3. A simple majority of member states regardless of population
  4. At least 55% of member states representing at least 65% of the EU population Correct answer.

Explanation

The standard qualified majority threshold requires at least 55% of member states (currently 15 of 27) representing at least 65% of the total EU population. A blocking minority must comprise at least four member states, which prevents a small group of large states from blocking decisions alone.

Question 3EU institutional framework and decision-making

Which body is composed of the heads of state or government of the member states, its own President and the President of the Commission?

  1. The European Council Correct answer.
  2. The General Affairs Council
  3. The Committee of the Regions
  4. The Council of the European Union

Explanation

The European Council brings together the heads of state or government of the member states, its own President and the President of the Commission. It defines the general political directions and priorities of the Union but does not exercise legislative functions, which distinguishes it from the Council of the EU.

Question 4EU institutional framework and decision-making

Which institution holds the exclusive right of legislative initiative for most EU legislation?

  1. The European Parliament
  2. The European Central Bank
  3. The European Commission Correct answer.
  4. The Council of the European Union

Explanation

The Commission holds the near-exclusive right to propose EU legislation, a role sometimes called its monopoly of initiative. Parliament and the Council can request that the Commission submit a proposal, and citizens' initiatives can invite it to act, but they cannot legislate without a Commission proposal in most policy areas.

Question 5EU institutional framework and decision-making

What is the role of the European Parliament in the appointment of the European Commission?

  1. It appoints individual Commissioners by secret ballot
  2. It has no formal role and only receives information
  3. It elects the Commission President and votes to approve the College as a whole Correct answer.
  4. It confirms only the High Representative

Explanation

Parliament elects the candidate for Commission President proposed by the European Council and then votes on the College of Commissioners as a whole after hearings of the individual nominees. It cannot reject or appoint individual Commissioners separately, but it can refuse consent to the entire College.

Question 6EU institutional framework and decision-making

How is the President of the European Council chosen?

  1. Appointed by the European Parliament
  2. Chosen by rotation among member states
  3. Elected by the European Council by qualified majority Correct answer.
  4. Elected directly by EU citizens

Explanation

The European Council elects its President by qualified majority for a term of two and a half years, renewable once. The President cannot hold a national office and chairs the European Council's work, ensuring continuity across rotating national presidencies.

Question 7EU institutional framework and decision-making

Which procedure applies when the Council acts on a proposal from the Commission and must obtain the European Parliament's consent before adopting an act?

  1. The advisory procedure
  2. The consultation procedure
  3. The consent procedure Correct answer.
  4. The ordinary legislative procedure

Explanation

Under the consent procedure, the Council must obtain Parliament's consent, which is a yes-or-no approval without the possibility of amendment. It applies to certain decisions such as approving the multiannual financial framework or agreeing to a new accession treaty.

Question 8EU institutional framework and decision-making

Which committee of the European Parliament is responsible for preparing its position on a legislative proposal on, for example, environmental standards?

  1. The Conference of Committee Chairs
  2. The Committee on the Environment, Public Health and Food Safety Correct answer.
  3. The Committee of Permanent Representatives
  4. The Economic and Social Committee

Explanation

Parliament's specialised standing committees, such as the Committee on the Environment, Public Health and Food Safety, examine proposals and appoint a rapporteur to draft a report for the plenary. The plenary then votes on the committee's report and amendments.

Question 9EU institutional framework and decision-making

What does the principle of conferral mean for EU competences?

  1. The EU acts only within the limits of the competences conferred on it by the member states in the treaties Correct answer.
  2. The EU shares all competences with member states equally
  3. The EU can create new competences through secondary legislation
  4. The EU may exercise any competence needed to meet its objectives

Explanation

Under the principle of conferral, the EU acts only within the limits of the competences that member states have conferred on it in the treaties. Competences not conferred on the EU remain with the member states, and the Union cannot expand its powers through its own legislation.

Question 10EU institutional framework and decision-making

Which principle requires EU action to be proportionate to the objectives pursued?

  1. The principle of legal certainty
  2. The principle of proportionality Correct answer.
  3. The principle of subsidiarity
  4. The principle of sincere cooperation

Explanation

Proportionality requires that the content and form of EU action not exceed what is necessary to achieve the objectives of the treaties. Subsidiarity is a separate test that applies only in areas of shared competence and asks whether action at EU level is justified.

Question 11EU institutional framework and decision-making

A national parliament has grounds to object to a draft EU law on the basis of subsidiarity. What mechanism can it use?

  1. A veto in the Council
  2. A reasoned opinion under the early warning mechanism Correct answer.
  3. A request to the European Council to withdraw the proposal
  4. A direct appeal to the Court of Justice

Explanation

National parliaments may send a reasoned opinion to the EU institutions within eight weeks of receiving a draft legislative act, explaining why they consider it breaches subsidiarity. This early warning mechanism can trigger a yellow or orange card procedure, but it does not give national parliaments a veto.

Question 12EU institutional framework and decision-making

What is the role of COREPER in the EU decision-making process?

  1. It coordinates the European Parliament's plenary agenda
  2. It drafts legislative proposals for the Commission
  3. It adjudicates disputes between EU institutions
  4. It prepares the work of the Council and negotiates on behalf of member states before ministerial meetings Correct answer.

Explanation

COREPER, the Committee of Permanent Representatives, prepares the Council's work and negotiates positions on legislative files so that ministers can reach agreement. It has two parts, Coreper II for senior political items and Coreper I for more technical matters.

Question 13EU institutional framework and decision-making

Which treaty introduced the ordinary legislative procedure under that name and extended co-decision to many new areas?

  1. The Treaty of Lisbon Correct answer.
  2. The Treaty of Amsterdam
  3. The Maastricht Treaty
  4. The Single European Act

Explanation

The Treaty of Lisbon renamed co-decision as the ordinary legislative procedure and substantially extended its scope. Lisbon also strengthened Parliament's role in other areas and reorganised the treaties into the TEU and the TFEU.

Question 14EU institutional framework and decision-making

A proposal concerns a field where the EU has only supporting competence, such as culture. What does this imply for EU action?

  1. The EU has exclusive competence and may replace national policies
  2. The EU may only support, coordinate or supplement member state action Correct answer.
  3. The EU must act by unanimity in the Council
  4. The EU can harmonise national laws in that field

Explanation

In areas of supporting competence, the EU may carry out actions to support, coordinate or supplement member state action without superseding national competence. Harmonisation of national laws is excluded in these fields, which protects national diversity in areas such as culture, education and health.

Question 15EU institutional framework and decision-making

What is a trilogue in the EU legislative process?

  1. A meeting of national parliaments to scrutinise subsidiarity
  2. A formal reading in the European Parliament's plenary
  3. An informal negotiation between Parliament, the Council and the Commission Correct answer.
  4. A procedure for adopting delegated acts

Explanation

Trilogues are informal negotiations involving representatives of Parliament, the Council and the Commission aimed at reaching a provisional agreement at an early stage. They speed up the legislative process but are criticised for reducing transparency compared with formal readings.

Question 16EU institutional framework and decision-making

Which institution has the power to bring an action for annulment against an EU legislative act before the Court of Justice?

  1. The European Parliament, the Council, the Commission and member states, among others Correct answer.
  2. Only the Commission
  3. Only private parties directly affected
  4. Only member states

Explanation

The privileged applicants for annulment proceedings include the member states, the European Parliament, the Council and the Commission, and they need not show a specific interest. Other bodies such as the Court of Auditors and the ECB are privileged only to protect their own prerogatives.

Question 17EU institutional framework and decision-making

In the EU budget procedure, which institution formally adopts the annual budget?

  1. The European Court of Auditors
  2. The European Council
  3. The European Parliament and the Council jointly Correct answer.
  4. The Commission alone

Explanation

The annual budget is adopted jointly by the European Parliament and the Council under a special legislative procedure, following a single reading and a conciliation period. If no agreement is reached, the Commission must submit a new draft budget.

Question 18EU institutional framework and decision-making

What is the main function of the European Commission's annual work programme?

  1. It fixes the interest rates of the European Central Bank
  2. It determines the composition of the European Parliament
  3. It lists the judgments delivered by the Court of Justice
  4. It sets out the legislative initiatives the Commission intends to propose in the coming year Correct answer.

Explanation

The Commission's annual work programme announces the legislative and non-legislative initiatives it plans to bring forward during the year. It is discussed with Parliament and the Council and helps coordinate the EU's political priorities.

Question 19EU institutional framework and decision-making

How are the members of the European Parliament apportioned among member states?

  1. Equally, with the same number for every member state
  2. Strictly in proportion to population
  3. By degressive proportionality, with smaller states over-represented relative to population Correct answer.
  4. By decision of the European Council acting unanimously on each election

Explanation

Seats are allocated by degressive proportionality, meaning larger states have more seats but fewer per capita than smaller states. The allocation is set by a European Council decision adopted on Parliament's initiative and with its consent, within the treaty's limits.

Question 20EU institutional framework and decision-making

What distinguishes delegated acts from implementing acts under the Lisbon Treaty?

  1. Delegated acts supplement or amend non-essential elements of a legislative act, while implementing acts ensure uniform application Correct answer.
  2. Delegated acts require unanimity, while implementing acts require qualified majority
  3. There is no legal difference; the terms are interchangeable
  4. Delegated acts are adopted by the Council, while implementing acts are adopted by Parliament

Explanation

Delegated acts allow the Commission to supplement or amend non-essential elements of a legislative act, with control by Parliament and the Council. Implementing acts, by contrast, are used where uniform conditions for implementing legally binding acts are needed and are subject to comitology committees.

Question 21EU institutional framework and decision-making

Which body elects the European Ombudsman?

  1. The European Parliament Correct answer.
  2. The Council of the EU
  3. The Court of Justice
  4. The European Commission

Explanation

The European Parliament elects the European Ombudsman, who investigates complaints about maladministration by EU institutions and bodies. The Ombudsman acts independently and reports to Parliament.

Question 22EU institutional framework and decision-making

What is the effect of a 'yellow card' in the subsidiarity control mechanism?

  1. The proposal is automatically rejected
  2. The Commission must review the proposal and may maintain, amend or withdraw it, giving reasons Correct answer.
  3. The Council must act unanimously on the proposal
  4. The European Parliament must hold a second reading

Explanation

When reasoned opinions from national parliaments represent at least one third of the votes available, the Commission must review the proposal. It may decide to maintain, amend or withdraw it but must give reasons for its decision, so the yellow card is not a veto.

Question 23EU institutional framework and decision-making

Which configuration of the Council is composed of the ministers of foreign affairs of the member states?

  1. The Economic and Financial Affairs Council
  2. The General Affairs Council
  3. The Foreign Affairs Council Correct answer.
  4. The Justice and Home Affairs Council

Explanation

The Foreign Affairs Council is composed of foreign ministers and deals with the EU's external action, including common foreign and security policy and trade. It is chaired by the High Representative for Foreign Affairs and Security Policy rather than by the rotating presidency.

Question 24EU institutional framework and decision-making

What is the role of the European Economic and Social Committee in the legislative process?

  1. It adopts binding amendments to legislative proposals
  2. It appoints the Commission's Secretary-General
  3. It decides which legal basis a proposal should use
  4. It issues advisory opinions representing organised civil society Correct answer.

Explanation

The European Economic and Social Committee is an advisory body that represents employers, workers and other civil society organisations. It issues opinions on proposals where the treaties require or permit consultation, but these opinions are not binding on the legislators.

Question 25EU institutional framework and decision-making

A member state fails to transpose a directive by the deadline. Which statement reflects the EU legal position?

  1. The member state automatically loses its voting rights in the Council
  2. The Commission may directly substitute the national law with the directive
  3. The directive has no effect until transposed and cannot be relied on by individuals
  4. Individuals may rely on the directive against the state where its provisions are clear, precise and unconditional Correct answer.

Explanation

Under the doctrine of direct effect, individuals may invoke sufficiently clear, precise and unconditional provisions of an untransposed directive against the member state, known as vertical direct effect. The directive cannot be relied on against other private parties in this way, and the state remains liable for the failure.

Question 26EU institutional framework and decision-making

Under the ordinary legislative procedure, what happens if the Council and the European Parliament cannot agree on a legislative proposal after the conciliation stage?

  1. The Commission adopts the act as a delegated act instead
  2. The act is deemed adopted in the Council's version unless Parliament objects within six weeks
  3. The Council may override Parliament by unanimous vote
  4. The act is not adopted and the procedure ends Correct answer.

Explanation

If conciliation fails or the agreed joint text is rejected, the proposed act is not adopted and the procedure terminates. The Commission must then decide whether to submit a new proposal. No institution can unilaterally force the act through at this stage.

Question 27EU institutional framework and decision-making

Which institution formally appoints the European Commission as a body, after the European Parliament has voted to elect the President and to consent to the College?

  1. The European Council, acting by qualified majority Correct answer.
  2. The Council, acting by qualified majority
  3. The Court of Justice of the European Union
  4. The European Parliament, acting by absolute majority

Explanation

The European Council, acting by qualified majority, formally appoints the Commission after Parliament's consent vote and the President's election. The Council's role in this sequence concerns the list of candidate Commissioners agreed with the President-elect, not the final appointment.

Question 28EU institutional framework and decision-making

In the Council of the EU, what does the 'Ioannina compromise' mechanism allow a group of member states to do?

  1. Force the Commission to withdraw the proposal immediately
  2. Request that a vote be postponed and discussions continued when they fall short of a blocking minority Correct answer.
  3. Refer the matter directly to the European Council for a binding decision
  4. Block a decision taken by qualified majority by tabling a formal veto

Explanation

The Ioannina mechanism lets a group of member states that is close to, but does not reach, a blocking minority ask for a decision to be delayed and negotiations to continue. It does not give a veto or override the qualified majority threshold. It is a procedural pause, not a decision-making power.

Question 29EU institutional framework and decision-making

Which body is responsible for drawing up the draft general budget of the European Union and placing it before the budgetary authority?

  1. The European Commission Correct answer.
  2. The European Parliament
  3. The European Court of Auditors
  4. The Council of the EU

Explanation

The Commission prepares and submits the draft annual budget to the budgetary authority, which comprises the European Parliament and the Council. Parliament and Council then amend and adopt the budget. The Court of Auditors scrutinises implementation but does not draft the budget.

Question 30EU institutional framework and decision-making

Which treaty article establishes that the European Parliament shall be composed of representatives of the Union's citizens, with representation being degressively proportional?

  1. Article 17 TEU
  2. Article 288 TFEU
  3. Article 14 TEU Correct answer.
  4. Article 263 TFEU

Explanation

Article 14 TEU sets out the composition and functioning of the European Parliament, including the principle of degressive proportionality. Articles 17, 288 and 263 TFEU deal with the Commission, legal instruments and judicial review respectively.

Question 31EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which Treaties currently form the constitutional basis of the European Union?

  1. The Treaty of Nice and the Treaty of Amsterdam
  2. The Treaty of Rome and the Single European Act
  3. The Treaty on European Union and the Treaty on the Functioning of the European Union Correct answer.
  4. The Charter of Fundamental Rights and the European Convention on Human Rights

Explanation

Since the Lisbon Treaty entered into force on 1 December 2009, the Union's legal order rests on two Treaties of equal legal value: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Earlier treaties such as Rome, Maastricht, Amsterdam and Nice were amended and absorbed into this structure rather than remaining separate founding instruments.

Question 32EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Under Article 288 TFEU, which characteristic distinguishes a regulation from a directive?

  1. A regulation is binding as to the result to be achieved but leaves the form to national authorities
  2. A regulation binds only the Member States to which it is addressed
  3. A regulation is binding in its entirety and directly applicable in all Member States Correct answer.
  4. A regulation must be transposed into national law before it produces effects

Explanation

Article 288 TFEU provides that a regulation has general application, is binding in its entirety and is directly applicable in all Member States, so no transposition is needed. A directive, by contrast, is binding as to the result to be achieved while leaving the choice of form and methods to national authorities.

Question 33EU legal order: Treaties, Charter of Fundamental Rights, sources of law

What is the legal value of the Charter of Fundamental Rights of the European Union since the entry into force of the Lisbon Treaty?

  1. It is a non-binding political declaration
  2. It has the same legal value as the Treaties Correct answer.
  3. It is binding only on the European Parliament
  4. It ranks below secondary legislation and above national constitutions

Explanation

Article 6(1) TEU provides that the Charter has the same legal value as the Treaties, making it primary law. It is therefore binding on the EU institutions and, when implementing EU law, on the Member States.

Question 34EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which court is competent, in principle, to give preliminary rulings on the interpretation of the Treaties under Article 267 TFEU?

  1. The General Court
  2. The constitutional court of the Member State whose national court referred the question
  3. The European Court of Human Rights
  4. The Court of Justice of the European Union Correct answer.

Explanation

Article 267 TFEU confers on the Court of Justice of the European Union jurisdiction to give preliminary rulings concerning the interpretation of the Treaties and the validity and interpretation of acts of the institutions. National courts refer the question and remain bound by the ruling when deciding the case.

Question 35EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which principle, established in Van Gend en Loos, allows individuals to rely on clear and unconditional Treaty provisions before national courts?

  1. Proportionality
  2. Sincere cooperation
  3. Subsidiarity
  4. Direct effect Correct answer.

Explanation

In Van Gend en Loos the Court held that the Treaties create rights for individuals which national courts must protect, founding the principle of direct effect. Subsidiarity, proportionality and sincere cooperation are distinct principles governing the exercise of competences and institutional duties.

Question 36EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which of the following is a source of primary Union law?

  1. A regulation adopted by the European Parliament and the Council
  2. An international agreement concluded by the Union alone
  3. A Commission delegated regulation
  4. The general principles of law recognised by the Court of Justice Correct answer.

Explanation

Primary law comprises the Treaties, the Charter, and the general principles of law developed by the Court, such as fundamental rights and proportionality. Regulations and delegated acts are secondary legislation, and international agreements concluded by the Union rank between primary and secondary law.

Question 37EU legal order: Treaties, Charter of Fundamental Rights, sources of law

According to Article 5 TEU, the limits of Union competences are governed by which principle?

  1. The principle of legal certainty
  2. The principle of proportionality
  3. The principle of sincere cooperation
  4. The principle of conferral Correct answer.

Explanation

Article 5(2) TEU states that under the principle of conferral the Union acts only within the limits of the competences conferred upon it by the Member States in the Treaties. Competences not conferred remain with the Member States.

Question 38EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which instrument is binding on the Member States to which it is addressed but leaves them no discretion as to the result?

  1. An opinion
  2. A directive
  3. A decision Correct answer.
  4. A recommendation

Explanation

Article 288 TFEU provides that a decision is binding in its entirety on those to whom it is addressed. It may be addressed to Member States, to undertakings or to individuals, and it requires no transposition.

Question 39EU legal order: Treaties, Charter of Fundamental Rights, sources of law

In a reference for a preliminary ruling, a national court of last instance discovers that the question of Union law is clear and needs no interpretation. What does the Court of Justice's case-law permit it to do?

  1. Refer the question to the Commission for a binding interpretation
  2. Decide the case without considering Union law at all
  3. Refer the question to the European Court of Human Rights instead
  4. Rely on the acte clair doctrine and refrain from referring, provided the correct application is so obvious as to leave no reasonable doubt Correct answer.

Explanation

In CILFIT the Court recognised that a court of last instance may refrain from referring where the correct application of Union law is so obvious as to leave no scope for any reasonable doubt. The assessment must consider the other language versions and the specific terminology of Union law.

Question 40EU legal order: Treaties, Charter of Fundamental Rights, sources of law

A national rule conflicts with a directly effective provision of a regulation. According to the Court of Justice's case-law, what must the national court do?

  1. Apply the national rule because it is later in time
  2. Refer the matter to the Council for a decision
  3. Suspend proceedings until the national parliament amends the rule
  4. Disapply the conflicting national rule and apply the Union provision Correct answer.

Explanation

The principle of primacy, established in Costa v ENEL and confirmed in Simmenthal, requires any national court to set aside conflicting national law of its own motion without waiting for legislative repeal. The Union provision takes precedence within its scope of application.

Question 41EU legal order: Treaties, Charter of Fundamental Rights, sources of law

A directive has not been transposed by the deadline. Against which party can an individual normally invoke the untransposed directive in national proceedings?

  1. A public body acting as an emanation of the State Correct answer.
  2. A subsidiary of a private company wholly owned by the State
  3. A private employer
  4. Another private individual

Explanation

Since Marshall, directives may be invoked vertically against the State and bodies acting as emanations of the State, but not horizontally against private parties. The Court applies criteria such as State control, public-law powers and public-service functions to identify an emanation of the State.

Question 42EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which Article of the Charter of Fundamental Rights corresponds to the right to an effective remedy and to a fair trial?

  1. Article 24
  2. Article 50
  3. Article 47 Correct answer.
  4. Article 17

Explanation

Article 47 of the Charter guarantees the right to an effective remedy and to a fair trial before an independent and impartial tribunal. It is frequently relied on in competition, asylum and data protection litigation.

Question 43EU legal order: Treaties, Charter of Fundamental Rights, sources of law

What does Article 51(1) of the Charter determine about its scope of application?

  1. The Charter applies to all national legislation of the Member States without distinction
  2. The Charter applies to EU institutions and to Member States only when they are implementing Union law Correct answer.
  3. The Charter applies only where the Commission has opened infringement proceedings
  4. The Charter applies only to the Court of Justice and the General Court

Explanation

Article 51(1) limits the Charter's application to the institutions, bodies, offices and agencies of the Union and to Member States when they implement Union law. The Court has clarified that this requires a link of a certain degree of connection between the national measure and Union law.

Question 44EU legal order: Treaties, Charter of Fundamental Rights, sources of law

A Commission regulation is challenged before the General Court on the ground that it exceeds the powers delegated to the Commission. Which type of action is this?

  1. An action for annulment under Article 263 TFEU Correct answer.
  2. A preliminary ruling under Article 267 TFEU
  3. An action for damages under Article 340 TFEU
  4. An action for failure to act under Article 265 TFEU

Explanation

Article 263 TFEU allows the Court to review the legality of acts of the institutions on grounds including lack of competence, infringement of an essential procedural requirement, infringement of the Treaties and misuse of powers. An action for annulment is the appropriate route to obtain the annulment of a regulatory act.

Question 45EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which of the following best describes a general principle of Union law?

  1. An interinstitutional agreement concluded between the Parliament and the Council
  2. A recommendation issued by the European Central Bank
  3. An unwritten principle derived from the constitutional traditions of the Member States and recognised by the Court of Justice Correct answer.
  4. A regulation adopted under Article 288 TFEU

Explanation

General principles of law, such as proportionality, legal certainty, legitimate expectations and fundamental rights, are unwritten sources developed by the Court from the common constitutional traditions of the Member States. They rank as primary law and guide the interpretation and review of secondary legislation.

Question 46EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which Treaty provision states that the Union shall respect the national identities of Member States, inherent in their fundamental structures?

  1. Article 2 TEU
  2. Article 4(2) TEU Correct answer.
  3. Article 3(5) TEU
  4. Article 6(3) TEU

Explanation

Article 4(2) TEU requires the Union to respect the equality of Member States before the Treaties and their national identities, inherent in their fundamental structures, political and constitutional, including regional and local self-government. It also requires respect for essential State functions such as territorial integrity and public order.

Question 47EU legal order: Treaties, Charter of Fundamental Rights, sources of law

What is the principal purpose of the subsidiarity principle in areas of shared competence?

  1. To guarantee that national courts refer all questions of Union law to the Court of Justice
  2. To ensure that the Union acts only if the objectives cannot be sufficiently achieved by the Member States Correct answer.
  3. To require the Member States to transpose directives within two years
  4. To limit the duration of framework decisions adopted before the Lisbon Treaty

Explanation

Article 5(3) TEU provides that in areas of shared competence the Union acts only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can be better achieved at Union level. National parliaments monitor compliance through the early warning mechanism.

Question 48EU legal order: Treaties, Charter of Fundamental Rights, sources of law

An applicant challenges a decision addressed to another company but claims that it is directly and individually concerned. Which requirement of Article 263(4) TFEU must be satisfied for standing?

  1. The applicant must show that the act is of direct and individual concern to it Correct answer.
  2. The applicant must show that it is a Member State
  3. The applicant must be represented by the European Ombudsman
  4. The applicant must first obtain a Commission opinion

Explanation

Under Article 263(4) TFEU, a natural or legal person may challenge an act addressed to another person only if it is of direct and individual concern to the applicant. The Court applies the Plaumann test to determine individual concern.

Question 49EU legal order: Treaties, Charter of Fundamental Rights, sources of law

In which situation does the Court of Justice's case-law recognise the possibility of State liability for breach of Union law?

  1. Where the Member State has simply voted against the measure in the Council
  2. Where the national court has made an incorrect finding of fact
  3. Where the Commission has issued a recommendation
  4. Where the breached rule confers rights on individuals, the breach is sufficiently serious, and there is a causal link with the damage Correct answer.

Explanation

In Francovich and Brasserie du Pêcheur the Court established that a Member State may be liable in damages where the breached rule is intended to confer rights on individuals, the breach is sufficiently serious, and there is a direct causal link between the breach and the loss. National courts apply these conditions under national procedural rules.

Question 50EU legal order: Treaties, Charter of Fundamental Rights, sources of law

Which of the following instruments has no binding force under Article 288 TFEU?

  1. A directive
  2. A recommendation Correct answer.
  3. A regulation
  4. A decision

Explanation

Article 288 TFEU expressly states that recommendations and opinions have no binding force. Regulations, directives and decisions are all binding acts, although they differ in scope and addressees.