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THE LAW SOCIETY OF SCOTLAND EXAMINATIONS
European Community Law
August 2009
Please read the following instructions carefully
The examination is of two hours’ duration. Candidates are required to answer FOUR questions, TWO from PART A and two from Part B. All four questions are of equal value. Answers must be fully reasoned and supported by authority where appropriate. Candidates need to take care to read the questions carefully and to answer what is asked.
[ Candidates are permitted to have at hand during the examination a copy of Blackstone’s EC Legislation (Foster (ed)) or a copy of Basic Community Law (Rudden & Wyatt (ed)) or a copy of the EC and EU Treaties published by the Office of Official Publications of the European Communities. These materials can be underlined and highlighted, but nit annotated. ]
The Treaty of Amsterdam brought a change to the numeration of all Treaty Articles. Where Treaty Articles are cited in this paper, the Amsterdam numeration is used. Candidates are required to use the Amsterdam numeration when citing Treaty Articles in their answers.
PART A________________________________________________________________
Candidates MUST answer TWO questions from this section
- Discuss critically the extent to which the European Parliament can influence the content of European Community legislation.
- ‘EC legislative measures namely directives and regulations are no longer distinguishable as to the rights they confer on individuals!’ How far do you agree with this statement? Illustrate your answer by citing case law authority.
3.‘Private and legal persons should be granted the right to challenge any Community law act before the Community Courts without having to meet any procedural requirements.’ Discuss in the light of the case law of the ECJ and CFI.
- Discuss critically the doctrine of supremacy of Community law and its effect on national substantive and procedural laws.
PART B___________________________________________________________
Candidates MUST answer TWO questions from this section
- MAPO is an Australian multinational company with interests in numerous electronic products and operates on several geographical markets. Its Austrian incorporated subsidiary, DATA, hold 55% of the Austrian market for ipod players. The strategic plan adopted by DATA envisages capturing 65% of the Austrian market for these products by 2013. DATA has incorporated wholly owned subsidiaries in Germany, The Netherlands and Belgium and these companies have been set market share targets of 35%, 40% and 70% respectively for these territories by the year 2015.
Another subsidiary of MAPO manufactures ipod players in Switzerland and has agreed to supply the products to the German, Dutch and Belgian members of the group at a marginal cost. The German subsidiary is to receive an equity injection sufficient to enable it to comply with the requirement of the corporate plan that it prices its products on the Austrian market below competitors’ price levels. In Austria, DATA’s return on investment has for several years been around 40%.
All the European companies in the MAPO group produce electronic products other than ipod players and terms of trade frequently involve the
Would your answer to the above scenario differ if Patricia had given up her teaching post voluntarily?
(c) Hans, a Danish national is employed by the North Sea Oil Company which operates in Scotland. He has a criminal record of public order offences in Denmark and has been actively engaged in trade union affairs since joining the UK company six months ago. He has just been told by the UK Immigration Authorities that, for reasons of public policy, he must leave the country within 10 days.
- Discuss critically how far Community law treats men and women equally in employment.
