THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALL
LA2024 ZB
LLB
BSc DEGREES WITH LAW
EU law
Friday 24 May 2019: 10.00 – 13.15
DO NOT TURN OVER UNTIL TOLD TO BEGIN
Candidates will have THREE HOURS AND FIFTEEN MINUTES in which to
answer the questions. Candidates must answer all parts of a question unless
otherwise stated.
Candidates must answer FOUR of the following EIGHT questions.
Permitted materials
Candidates are permitted to bring into the examination room the following
specified document: one copy of Core EU Legislation 2018-19 (Palgrave
Macmillan).
© University of London 2019
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1. “The case-law on the internal market - be it free movement of goods, of
workers, freedom to provide services, or right of establishment - is based
on a set of common principles. The Court of Justice easily considers a
measure to be restrictive of trade or free movement, thereby putting the
emphasis on analysing whether the measure in issue is justified and is
proportionate.”
Discuss in relation to at least TWO economic freedoms.
2. Mario and Luigi own a private company that imports olive oil in plastic
bottles from Italy to Denmark. There have been widespread reports in
the Danish media that some Greek olive oil has been contaminated with
potentially poisonous chemicals at the stage of production. This was
blamed by the media on the use of plastic bottles.
The Danish Minister of Health issues an emergency order prohibiting the
sale of olive oil in non-glass containers taking effect in one week’s time.
This is to protect the environment and ensure the safety of Danish
consumers.
Advise Mario and Luigi on how European Union law related to the free
movement of goods may apply to these circumstances.
3. Laura is an Italian student studying philosophy at a university in France.
She assures the French authorities that she has sufficient resources as
well as sickness insurance. In order to support herself, Laura does
occasional work in a restaurant. In the course of her studies she
becomes very ill, and it turns out that for the last year or so she has not
paid her insurance contributions under the private hospital insurance
policy she had taken out. As a result, the French authorities refuse to
offer her treatment. They claim that, as an Italian citizen, she is not
entitled to state-subsidised healthcare, and advise her to return to Italy.
Advise Laura.
4. “The European Union protects the fundamental rights of its citizens only
to a limited extent, even though the European Court of Justice refers
often to the EU Charter of Fundamental Rights.”
Discuss.
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5. Fictitious Directive 36/2018 provides:
Article 1
Smoking shall be prohibited in all workplaces.
Article 2
Member States shall provide effective and proportionate sanctions for
breach of the smoking ban.
Article 3
Employees who are unlawfully exposed to cigarette smoke in their work
place shall have a right to at least one month’s salary by means of
compensation.
Poland introduces legislation prohibiting smoking in all work places;
smoking is also banned in all places open to the public. Employers who
fail to enforce the smoking ban are liable to a fine of at least €20,000.
Those who are caught smoking unlawfully are fined €10. The smoking
ban does not apply to Government buildings.
Nilip Norris is a private company manufacturing cigarettes. It encourages
employees to smoke whilst working. Jane, who does not smoke, works
for Nilip Norris; she suffers from asthma, and, having been seriously ill,
decides to resign from her job. When she applies for compensation, she
is told that, according to Polish law, no compensation is available for
employees who, for whatever reason, voluntarily resign from their jobs.
Vera works for the Polish Parliament where everyone smokes; when she
falls pregnant and complains about the smoke, she is fired. Vera then
decides to sue the Parliament but her action is dismissed on the grounds
that the Polish legislation is clear in allowing smoking in Parliament
buildings. Both Jane and Vera learn about the Directive. They seek your
advice on whether they could in any way rely on its provisions.
Advise Jane and Vera.
6. “The concept of primacy of European Union law is an important tool to
guarantee the uniform application of European Union law within the
Member States. Primacy should be recognized by all courts and
authorities of the Member States, as a varying practice may cause legal
uncertainty.”
Discuss, tracing the evolution of the principle of primacy and its reception
in the EU Member States.
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7. Hungary has decided to review its gambling legislation. Bill 26/2018
provides that all interested operators should obtain a licence. The
licence criteria require, inter alia, that the operator deposits, prior to the
application:
(a) €200,000, not refundable, regardless the outcome of the
application;
(b) a guarantee that any games of chance would not allow the
customers to gamble more than €300 per day; and
(c) a compulsory ‘considerable’ donation to the Hungarian
Society for the Protection of Families of Addicted
Gamblers.
You are the Hungarian Government Official in charge of assessing the
compatibility of such legislation with free movement EU law. Write your
report.
8. ‘Le Mirage du Mariage’ is a wedding planner company, established in
France. They expand to other Member States, offering a wide range of
services and products connected to the organisation of a wedding. They
soon hold around 15% of the EU market for wedding planning. Since
2016, they have arranged affordable honeymoons for around 45% of the
couples that got married, each year, in Europe. They are now launching
a new comprehensive wedding package ‘From Wedding Dress to Family
Life’, which provides attractively priced honeymoon deals to couples who
decide to purchase all wedding services and products from ‘Le Mirage
du Mariage.’
Sun Travel is a German travel company who believes they have lost
many of their customers because of the very favourable honeymoon
deals offered by ‘Le Mirage du Mariage’. They hold around 39% of the
EU market for travel packages but in 2018 they sold very few
honeymoon packages. Sun Travel are very worried about the new
comprehensive wedding package and believe that ‘Le Mirage du
Mariage’ is breaching EU competition law.
Advise Sun Travel.
END OF PAPER
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