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European Community Law Examination by The Law Society of Scotland - February 2009, Exams of European Union law

A past examination paper from the law society of scotland on european community law, held on 5 february 2009. The three-hour exam consists of four questions, two from part a and two from part b. Part a questions cover topics such as the european community's legislative process, subsidiarity, and direct effect of directives. Part b questions involve real-life scenarios where european community rules relating to the free movement of goods and services are applied. Candidates are required to fully reason and support their answers with appropriate authorities.

Typology: Exams

2011/2012

Uploaded on 12/09/2012

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THE LAW SOCIETY OF SCOTLAND
EXAMINATIONS
EUROPEAN COMMUNITY LAW
Thursday 5 FEBRUARY 2009
1330 – 1630
(Three Hours)
Please read the following instructions carefully
The examination is of three 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 are required to 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 not 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.
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THE LAW SOCIETY OF SCOTLAND

EXAMINATIONS

EUROPEAN COMMUNITY LAW

Thursday 5 FEBRUARY 2009

(Three Hours)

Please read the following instructions carefully

The examination is of three 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 are required to 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 not 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.

THE LAW SOCIETY OF SCOTLAND

EXAMINATIONS

EUROPEAN COMMUNITY LAW

5 February 2009

(Three hours)

Candidates are required to answer FOUR questions, TWO from Part A and TWO from Part B. Answers are required to be fully reasoned and supported by authority where appropriate.

PART A

Candidates MUST answer TWO questions from this section

  1. ‘The European Community’s legislative process is too complex to be understood by the ordinary citizen.’ Discuss with reference to changes that have been introduced by the Treaties of Maastricht and Amsterdam.
  2. ‘The principle of subsidiarity provides the solution to the demarcation of responsibilities between the European Community and the Member States.’ Discuss critically.
  3. Explain and comment critically as to what is meant by horizontal and vertical direct effect of directives.
  4. ‘The relationship between the national courts and the European Court of Justice has been pivotal in the development of the Community’s legal order.’ Access the validity of this statement, illustrating your answer with examples.
  1. To be prohibited by Article 81 EC Treaty, an agreement, decision or concerted practice must also have the ‘object or effect’ of distorting competition. Discuss critically how ‘object and effect’ is assessed with reference to relevant examples and case law.

END