Durham BA: EU Law Exam Paper

MegaCorp, a large German pharmaceutical company, has been fined €50 million by the European Commission for allegedly restricting parallel imports of its patented medicines across EU Member States. MegaCorp argues that its actions were justified to protect intellectual property rights and maintain quality control. The company also claims that the Commission's investigation violated the principle of proportionality by imposing excessive penalties without considering less restrictive alternatives. Additionally, MegaCorp contends that certain procedural rights were breached during the investigation process. Advise MegaCorp on the likelihood of success in challenging the Commission's decision before the Court of Justice of the European Union, focusing particularly on EU principles.

"The principle of subsidiarity has become nothing more than a political slogan, lacking meaningful legal content and failing to provide effective constraints on EU competence." Critically evaluate this statement with reference to the development and application of subsidiarity in EU law.

Anna, a Polish national, has been working as a software engineer in Germany for three years. She recently applied to extend her residence permit but was refused on grounds that she had been convicted of a minor assault offense (receiving a suspended sentence of 6 months) two years ago. The German authorities argued that her continued presence posed a threat to public policy. Anna had been involved in a bar fight but has since completed community service and attended anger management courses. She has no other criminal record, pays taxes, and supports her elderly mother who moved to Germany to live with her. Anna also volunteers at a local charity helping refugees. Additionally, Anna's employer confirms she is a valued employee being considered for promotion to team leader. Advise Anna on her prospects of successfully challenging the German decision, with particular reference to EU principles of free movement and proportionality.

"The principle of loyal cooperation (sincere cooperation) under Article 4(3) TEU has evolved from a mere interpretative aid to become one of the most powerful tools for expanding EU competences and ensuring Member State compliance." Critically assess this statement, examining the development and contemporary significance of loyal cooperation in EU constitutional law.