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You must not include your name in your submission because Arden University

operates anonymous marking, which means that markers should not be aware of

the identity of the student. However, please do not forget to include your STU

number.

INSTRUCTIONS TO CANDIDATES

This paper contains THREE PARTS.

Candidates must answer THREE questions, ONE from each Part A, B, and C.

Guidelines:

You MUST underpin your analysis and evaluation of the key issues with appropriate

and wide-ranging case law and statute.

Part A (30 Marks)

Question 1

Critically discuss the doctrine of supremacy of European Union Law and how it has

been accepted by the Member States of the European Union.

Your answer should refer to relevant case law and legislation.

Question 2

The European Union does not have a true principle of European citizen. Instead, the

European Union operates on the principle of the worker.

Critically discuss the extent to which the above statement can be said to be

true with reference to relevant legislation and case law.

PART B

(30 marks)

Question 1

Read a-c below. For a-c below provide reasoned advice as to whether the

indicated measure or legislation would be acceptable under EU law.

a) France has introduced rules requiring all wine sold in France to be sold in

reusable bottles in an effort to promote responsible packaging. Furthermore,

it requires all wine labels are to clearly indicate the alcohol content of the wine

and for each wine this level must be verified by the French Alcohol Advisory

Board.

b) The Belgium Pharmacological Committee (BPC) has adopted guidance

applicable throughout Belgium which provides that the over-the-counter pain

reliever, “paracetamol,” can only be sold in licensed pharmacies to individuals

over the age of 16, as there are concerns that liver damage has resulted from

individuals ingesting more than the recommended dosage. Belgian research

has shown that consumers often fail to read the instructions provided with

over the counter medication and thus pharmacists have been directed to

keep paracetamol behind the counter and only sell it after advising the

consumer of the potential risks of overdosing. (The BPC is elected by

Belgian pharmacists but receives the bulk of its funding from the state and is

instructed and authorised by the government to take action to protect the

health and well-being of the Belgian population.) The guidance provided by

the BPC is regularly enforced by the local authorities.

c) Spain introduces a regulation that no ice cream can be sold in Spain that was

not produced in Spain. The Spanish government have defended this decision

on the basis that Spain already produces too much ice cream of its own, and

thus imports are unnecessary.

Question 2

Directive 2011/54 (fictitious) requires Member States “to pass legislation which

ensures that all overtime worked by school teachers must be paid at no less than

three times the normal hourly rate”. The deadline for implementation of the Directive

was 31 December 2013. The (fictitious) Public Pay Act of Ireland 1960 provides that

all overtime worked by public officials must be paid at no less than twice the normal

hourly rate.

Steven is a teacher employed by the National Education Board in Ireland. Steven

occasionally works overtime and, under his contract of employment, receives twice

his normal hourly rate of pay. He is dissatisfied with this but when he complained,

his employer pointed out that this overtime rate complies with the Act.

(a) Advise Steven as to whether he has any cause of action against his

employer under EU law.

(b) How would your answer differ (if at all) if Steven was employed not by the

National Education Board but by a private school?

PART C

(40 marks)

Question 1

It is often contended that despite a number of opportunities to improve the situation for

non-privileged applicants, the Court of Justice of the EU (CJEU) maintains a highly

restrictive approach to Article 263 (4) Treaty on the Functioning of the European Union

(TFEU) in judicial review proceedings.

Do you agree? Critically discuss this claim, by reference to relevant case law.

Question 2

You work for the (fictional) European Government Information Service.

Simone, a new elected Member of the European Parliament from Croatia has written

to you to ask you whether the following can be said to be true:

A) European Union Law allows any individual who is a citizen of any Member

State within the European Union the right to reside in the Croatia.

B) European Union Law allows any relative of any citizen of a Member State

of the European Union, regardless of whether they themselves are a citizen

of the European Union, the right to reside in the Croatia.

C) There are no exceptions to the right of a European Union citizen from

residing in a Member State of the European Union that is not their own state.

Using appropriate references to Treaties and case law, provide Simone with

advice on each of these claims.

SmartExpert

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Status NEW Posted 09 Aug 2020 08:08 PM My Price 200.00

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file 1597003513-European Union Law Answer File.docx preview (3648 words )

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