中国政法大学中美学院2008年双硕士项目欧洲法第三单元试题及参考答案.doc

2008年双硕士项目欧洲法第三单元试题及参考答案发布于2010-2-23 15:15:40第三单元：欧盟法律与政治简介（Module III：Introduction to Law and Politics of the European Union）一、试题（Exam questions）(I) 课程名称：欧盟法的法律基础(Title of course: Legal Foundations of European Union Law） Name of lecturer: Prof. Hatje (University of Hamburg )Time of the exam: 24.Nov 20081. Please explain the elements of Supranationality of the EU/EC.2. The EC-Law has supremacy over domestic law. Please explain the reasons and describe the limits. （II）课程名称：欧洲政治体系(Title of course: European Political System） Name of lecturer: Prof. Navarro (University Autnoma of Madrid) Time of the exam: 24.Nov 2008Choose two questions Among the four below: 1. What does it mean to say Germany had a stable two-and-a-half party system?2. Why did the French Fourth Republic collapse in 1958?3. What in your opinion are the main differences between Western European countries and the so-called Central and Eastern European countries?4. How significant have key leaders been in the European integration process?（III） 课程名称：欧盟政治与经济层面(Title of course:Political and Economic Dimension of the EU）Name of lecturer: Prof. Dr. Thomas Eger (University of Hamburg)Time of the exam: 24.Nov 20081. a) What is the difference between primary and secondary law?b) Which are the main institutions involved in the EUs decision making process, i. e. in the production of secondary law?c) Assume a committee consists of three members, Huey, Dewey, and Louie, where Huey has 15, Dewey 25, and Louie 26 votes. At least 41 votes are required for a proposal to be accepted. Calculate the Shapley-Shubik-index and the Banzhaf-index for all members of the committee.2. a) What do you understand by a customs union?b) Explain that the establishment of a customs union leads to trade creation and trade diversion.c) What is the importance of the “Cassis-principle” for European integration?(IV) 课程名称：欧盟法的法律基础(Title of course: Legal Foundations of European Union Law） Name of lecturer: Prof. Malathouni (Maastricht University )Time of the exam: 24.Nov 20081. The European Court of Justice (ECJ) has played a pivotal role in enhancing the protection of individuals in the Community legal order and in this way has ensured the uniform application of Community law in the Member States. Please support this statement by providing two examples indicating how the ECJ has made use of its “lawmaking ability”. What are the conditions of these rules and in which case law were these principles established and developed? 2. What is the function of a legal basis in Community legislation, how is it chosen and is there a possibility to employ multiple legal bases in the same piece of legislation?二、试题答案（Answers to Exam questions）Title of course:Legal Foundations of European Union LawProf. Malathouni (Maastricht University) Q1The European Court of Justice (ECJ) has played a pivotal role in enhancing the protection of individuals in the Community legal order and in this way has ensured the uniform application of Community law in the Member States. Please support this statement by providing two examples indicating how the ECJ has made use of its “lawmaking ability”. What are the conditions of these rules and in which case law were these principles established and developed? Answer:Van Gend en Loos introduced the notion of a sui generis legal order for the Community legal order , where not only states but also individuals, enjoy right and duties. a. dir.effect: - definition= ability of individuals to rely before their national courts on rights that Community law has conferred upon them- conditions: expiry of implementation period and unduly or untimely implementation by MS, clear, precise and unconditional, lack of horizontal dir. effect- case law: Van Gend en Loos, Defrenne, Van Dyunb. indirect effect: evolved mainly due to lack of horizontal dir. effect of dir.- definition: obligation of MS to interpret national law in conformity with Community Law.- conditions: expiry of implementation period, limits: contra legem interpretation and respect for principle of legal certainty(criminal law).- case law: Von Colson, Marleasingc. state liability: - definition : possibility for individuals to hold a MS liable for breaches of Community law- conditions : rule of law must confer rights on individuals, sufficiently serious breach and causal link btw damage and breach- case law: Brasserie du Pecheur, Factortame, FrancovichQ2 What is the function of a legal basis in Community legislation, how is it chosen and is there a possibility to employ multiple legal bases in the same piece of legislation?Answer:Legal basis definition: a treaty provision delineating the competence of the Community institutions to act in this field. It is a further expression of the principle of conferred powers or of institutional balance (art. 5 and 7 TEC). It can support a ground for annulment. It takes the following form: institutions involved, legislation-making and decision-making procedures, subject matter.Choice of legal basis: based on objective factors amenable to judicial review such as content and aim of the measure. One looks for the predominant purpose and chooses a single legal basis. Only by way of exception can a multiple legal basis be chosen, if the aims of the measure are inextricably linked. Even in