European Union Law Trivia Quiz

Answer: the European Court of Justice

The Court is situated in Luxembourg and is responsible for ensuring the judicial control of European Union law as it is made and of interpreting the Constitution of the Union. The Court of First Instance does help it with its workload and the appeals from this Court can go to the European Court of Justice.

Answer: no

This is a common mistake made by people in the UK. Human rights law originated in an International Convention in 1950, that was effective in the UK from 1953. The Court of Human Rights was set up in Strasbourg. However, the Human Rights Act, 1998 was implemented at Westminster to attempt to bring the law solely within our domestic system of courts.

The law of human rights was respected as an international convention, but did not have the direct force of domestic law. The European Court of Justice is not empowered to enforce these cases.

However, the E.C.J. does respect the principles enshrined in human rights law because they are a common bond within the legal systems of the Union.

Answer: all of these

English courts use the written (and often very detailed) laws from Westminster, precedent cases of the other courts and common law. "General principles" are a different concept that appeals to the Continental style of law being used in Europe and forms part of their law. "Non-discrimination" is self-explanatory and proportionality means that the measures used to enforce a law must be proportional to what is in reality needed.

The "right to be heard" came into the news in 2003 when an English Court ruled that a burglar who was shot by the householder had a right to sue the householder! The Court considered that to refuse to hear the case was an infringement of the burglars right to state his case and be heard.

Answer: no

Because of the different Continental source of European law a strict law of precedent cases is not accepted. However, the European Courts do attach much persuasive influence to decisions made previously and it is possible to predict the likely outcome of proceedings by reading up on previous decisions.

Answer: We know the answer so we wont ask for confirmation from the European Courts.

Some domestic courts or tribunals have a duty to clarify with the European Courts things which are uncertain, but needed to make a decision in a case. However, if the court or tribunal believes the answer is obvious (from all the relevant material on European law available to it) then "Acte Clair" is raised.

They do have to be sure and are warned of the dangers of making false assumptions.

Answer: yes

This means that international law such as that created by the EU is not immediately part of our law. To make it part of our law we need to implement domestic legislation to give effect to this international law. The European Communities Act 1972 is such a domestic statute and Lord Denning in McWhirter v The Attorney General (1972) CMLR 882 explains that only by having this statute are the English courts able to apply European law domestically.

Answer: yes

European law is always supreme and we have given away part of our sovereignty to Europe. We can not just obey what we agree with, for better or for worse we are obliged as EU members to accept the whole package of European law. If our domestic law clashes with European law then our law must be changed immediately.

The case of 6/64 Costa v ENEL is the case to read. An ECJ decision involving the Italian government where it refers to "a transfer of powers from the states to the Community, the Member states have limited their sovereign rights.."

Answer: freedom from over bureaucratic government

Yes, the Economic Union gives us many freedoms designed to promote a fairer and more competitive Union. However, there is no enshrined principle to control bureaucratic government and cynics may debate that Europe dramatically increases the spread of the culture of such bureaucracy.

Answer: domestic courts asking for interpretation of European law

In this way European law retains its supremacy in that domestic courts can clarify exactly what the law is for handling their domestic cases.

Answer: individuals or legal persons

Member countries, and some European Union bodies can challenge a decision of the EU as a "Privileged Applicant". You and I, or a legal person (such as a limited company) can be "non-privileged applicants", but this class of applicant can only apply if the act of the Union that they are appealing against directly concerns them in a way defined by the Union.