THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS

UNIVERSITY OF LONDON LA3024 October

DIPLOMA IN THE COMMON LAW

LLB

ALL SCHEMES AND ROUTES

BSc DEGREES WITH LAW

EU Law

Monday 27 October 2014: 14.30 – 17.45

Candidates will have fifteen minutes during which they may read the paper
and make rough notes ONLY in their answer books. They then have the
remaining THREE HOURS in which to answer the questions.

Candidates should answer FOUR of the following EIGHT questions.

Candidates should answer all parts of a question unless otherwise stated.

Permitted materials

Either one copy of Blackstone’s EU Treaties and Legislation (OUP) or one

copy of Rudden & Wyatt’s EU Treaties and Legislation (formerly Basic
Community Law) (OUP) or one copy of Palgrave Macmillan’s Core EU
Legislation.

© University of London 2014

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1. ‘The ECJ has been often accused of being led by a “consistent policy
of promoting European integration” (Hartley) and of reaching decisions
that are “logically flawed or skewed by doctrinal or idiosyncratic policy
considerations” (Neill). These accusations are easily dismissed as the
Court has simply applied not only the “policies” dictated by the EU
Treaty but also those defined over the years by the European Union
political institutions and public opinion.’

Discuss.

2. How fundamental are EU fundamental rights under the Charter of

Fundamental Rights of the European Union?

Answer the question with reference to recent ECJ case law.

3. EU citizenship was described, 20 years ago, by some as “a

meaningless public relations exercise” but by others as a “significant
change”.

Discuss, with reference to case law, the accuracy of each view.

4. ‘Direct effect can be provisionally defined as the capacity of a norm of

Union law to be applied in domestic court proceedings; whereas
primacy (or supremacy) denotes the capacity of that norm of Union law
to overrule inconsistent norms of national law in domestic court
proceedings. The two principles are therefore closely linked, and are
habitually considered in conjunction but they sometimes present
different problems in their application.’

Discuss.

5. Mrs Esin, a Turkish national, is married to a Mr Aguirre, a Spanish

national. Aguirre found a job in the Netherlands and so they moved
there. Six months after they arrived in the Netherlands Esin gave birth
to their first child. A year after the child was born Aguirre felt that he
needed his ‘freedom back’ and so he left the Netherlands intending to
move to Brazil. Esin is now very worried about her future and wishes to
rely on EU law to remain in the Netherlands.

Advise Esin.

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6. The Italian authorities are concerned at the increasing popularity and
consumption of flavoured dairy products. They believe that flavoured
dairy products contain an excessively high level of preservatives. In
particular, the authorities are concerned about the possible impact on
the health of those under 14 years of age. Consumers under 14 years
of age are the principal buyers of flavoured dairy products.

Italy therefore takes the following actions in relation to flavoured dairy

products:

a) It enacts legislation prohibiting the use of any

preservatives in flavoured dairy products.

b) It instructs its customs officers to impound any imports of

flavoured dairy products which appear to contravene
legislation.

c) It provides funding to the 'Council for Healthy Food', a

private body that advocates healthy eating. This body
runs a campaign against flavoured dairy products
containing preservatives and advocates the eating of
domestically produced healthy food.

d) It imposes a ban on advertising flavoured dairy products

containing preservatives in children's magazines.

Delightful Dairy Foods is located in the UK and is planning to sell its

flavoured dairy products in Italy. Advise Delightful Dairy Foods whether
the new restrictions imposed by Italy are in breach of EU law.

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7. Charles, a British citizen, moves to France in search of work. He signs
on at the Job Centre and tries to enrol in a free 'preparing for work'
programme that is offered to unemployed French citizens and all EU
nationals who have been employed for at least one year in France. The
French authorities do not permit him to enroll on the programme. He
then applies for a part-time job as a security guard at the French
Foreign Office but is rejected as only French citizens can be employed
by the Foreign Office and, moreover, only French nationals are
authorised to bear arms. Eventually, Charles gets a contract with an IT
company for translation work on an 'on call' basis. Some months he
works up to 10 hours a week, but other months he has no work at all.
However, according to his contract he has to keep himself available for
at least 3 hours a week. Charles is also a keen ornithologist and he
joins a local bird-watchers group. Soon afterwards, some members of
this group are arrested for criminally damaging a motorway building
site they claim will destroy the natural habitat of rare birds. Charles is
declared a risk to public order and threatened with deportation.

Advise Charles as to his rights under EU law.

8 ‘The European Court of Justice introduced a model of regulation that

allows public intervention in the market and punishes anti-competitive
agreements and behaviours, whereas the economic disadvantage
brought by the restraint of trade is necessary to pursue a different
imperative public objective according to the proportionality principle. In
short a European rule of reason.’

Discuss.

END OF PAPER

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