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Training package on National Judges and the EU Aarhus Acquis - Focus on Access to Justice

Quiz on: The role of the national judge in the European Judicial System and the Procedures of the European Court of Justice (CJEU)

# of questions you got right:

The questions you got wrong:

Grade in percentage:

1) When does EU law have a direct effect concerning its application in domestic law?
a) In the case, that it is sufficiently clear and unconditional.
b) In the case, that it doesn’t have to be transposed into national law, as for example with Treaties, Directives or Regulations.
c) In the case, that it is sufficiently clear and unconditional or that there is a Treaty or Regulation where a transposition isn’t needed or the time-limit for the transposition of a Directive has expired.

2) What are the three main procedures of the Court of Justice?
a) Infringement proceedings against the Commission initiated by MS, other direct actions against EU acts and preliminary reference procedures.
b) Infringement proceedings against MS initiated by the Commission or other Member State, other direct actions against EU acts and preliminary reference procedures.
c) Infringement proceedings against the Commission initiated by MS, other direct actions against EU acts and preliminary reference procedures initiated by MS, institutions or individuals.

3) The aim of the preliminary reference procedure is…
a) to achieve a uniform interpretation of primary and secondary EU law by all domestic courts and to assist in the effective judicial protection of individuals.
b) to control if domestic and EU law correspond.
c) to interpret the domestic law and international agreements of the MS and to check their validity.

4) Who is able to make a reference?
a) The MS itself and private parties.
b) The Courts of the MS.
c) Private parties and the Courts of the MS.

5) In which case can a domestic court of last instance refrain from making reference on relevant questions of EU law?
a) If an EU judge is involved in the domestic law proceedings.
b) If the case is of minor importance.
c) If the CJEU has already dealt with the point of law in question or if the correct application of EU law is obvious.

6) What has to be included in the reference?
a) The legal and factual background of the domestic case and the questions raised by the national courts.
b) The legal and factual background of the domestic case and the position of the national court.
c) The position of the national court and the explanation why the reply is considered necessary for the decision of the domestic case.

7) What are the main groups of infringements?
a) Bad application of EU provisions and Non-transposition of Directives.
b) Non-transposition of Directives, Non-conformity of transpositions and bad application of EU provisions.
c) Non-transposition of Directives and incompatibility of transposition with domestic law.

8) What are the options if a MS initiates an infringement procedure against another Member State but cannot convince the Commission to apply to the CJEU?
a) The MS can reformulate its “Letter of formal notice” including a more detailed reasoned opinion with subsequent developments.
b) The MS cannot reformulate its argumentation, but it can submit a request to the Commission of the revaluation of the facts.
c) The MS can apply to the Court directly.

 


Developed by the Academy of European Law (ERA)