Fundamental Principles of EU Law: Case StudiesVersion en ligne
EU Law Principles – Multiple Choice Questions
1
An EU member state is objecting to the EU’s introduction of new centralized regulations on this matter, arguing that local municipalities can manage urban waste more efficiently on their own. The member state contends that the EU should intervene only in cases where member states fall short and central action would be more beneficial. On which principle of EU law is this objection based?
2
Mr. Rossi is an Italian citizen. He thinks a customs tax in Italy breaks EU free trade rules. He files a lawsuit to an Italian court and uses a rule from the Treaty on the Functioning of the European Union (TFEU). He asks the court to ignore the Italian tax rule and give back the extra money he paid.
Which principle allows Mr. Rossi to use EU law directly in his national court?
3
The French Parliament enacts a new national law regulating workers’ working hours. However, in a case that later comes before the court, the judge finds that this new national law is in direct conflict with an older European Union regulation governing working hours. Which of the EU’s fundamental principles is reflected in the judge’s decision to set aside the national law and apply the EU Regulation?
4
The EU issues a Directive granting citizens rights regarding clean water standards and gives member states two years to transpose it into national law. Despite the deadline passing, Country X fails to enact this law. Consequently, a citizen in Country X files a lawsuit directly against the state (public authority) to assert their right to access clean water. The citizen’s ability to sue the state directly based on this EU Directive due to the state’s negligence reflects which concept?
5
Poland adopts a national law banning the import of certain goods from other EU Member States. However, EU law guarantees the free movement of goods within the internal market.
If a Polish court finds a conflict between the national law and EU law, what should the court do?
6
The EU wants to introduce a single EU-wide emergency response system for major cross-border cyberattacks affecting several Member States simultaneously.
Why would EU action MOST likely satisfy the Principle of Subsidiarity?
7
A Spanish environmental law allows factories to exceed pollution limits established by an EU Regulation. Citizens affected by pollution challenge the factories in court.
Which statement is CORRECT?
Feedback
The objection is based on Subsidiarity, which is a key principle in EU law stating that decisions should be taken as closely as possible to the citizen. The EU should act only when objectives cannot be sufficiently achieved by member states acting alone and when action at the EU level would produce better results.
In this scenario, the member state argues that local municipalities can manage urban waste more effectively themselves, and that EU intervention is only justified if national or local authorities are unable to achieve the objective adequately. That directly reflects subsidiarity.
The Principle of Direct Effect allows individuals to rely directly on certain provisions of EU law before their national courts, even if those provisions have not been implemented into national law.
In this case, Mr. Rossi is invoking an EU Treaty provision concerning free trade to challenge an Italian customs duty and seek a refund. This is a classic example of direct effect, established in the landmark case of Van Gend en Loos v Nederlandse Administratie der Belastingen, where the Court of Justice held that EU law can create rights for individuals enforceable in national courts.
The scenario illustrates the Principle of Primacy (or Supremacy) of EU law, which means that when national law conflicts with EU law, EU law takes precedence. National courts must therefore disapply conflicting national provisions and enforce the relevant EU rule.
Here, the French judge sets aside the newer French law because it conflicts with an EU Regulation, which is directly applicable and binding across all member states. This reflects the supremacy of EU law over national law.
This principle was firmly established in cases such as Costa v ENEL.
This scenario demonstrates Direct Effect, specifically the vertical direct effect of EU Directives.
Normally, Directives require member states to transpose them into national law. However, if:
the deadline for implementation has passed,
the state failed to implement the Directive correctly (or at all), and
the provision is clear, precise, and unconditional,
then individuals may rely on the Directive directly against the state or a public authority.
Here, the citizen is suing Country X (the state) after it failed to implement the clean water Directive on time. Therefore, the citizen can invoke the Directive directly before a national court.
This principle was developed in cases such as Van Duyn v Home Office and Ratti Case.
Under the Principle of Primacy (Supremacy), EU law takes precedence over conflicting national law. National courts must disapply national rules that violate EU law.
Subsidiarity supports EU action when objectives cannot be effectively achieved by individual Member States alone. Cross-border cyber threats usually require coordinated international responses, making EU-level action more effective.
EU Regulations are directly applicable and usually have direct effect. Under the Principle of Primacy, national courts must apply the EU Regulation instead of conflicting national law. Citizens do not need to wait for national legislative changes.
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