EU/Retained EU Law Practice Paper 1

The doctrine of direct effect, as established in Van Gend en Loos [1963], fundamentally altered the relationship between EU law and national legal orders. Critically assess the conditions for direct effect of Treaty provisions, directives, and regulations, and evaluate whether the distinction between vertical and horizontal direct effect remains coherent.

GreenTech Ltd, a UK company, manufactures electric vehicle charging units. It seeks to export its products to Germany, but German authorities have imposed a requirement that all charging units must be tested and certified by a German-approved body, even though GreenTech's products already comply with equivalent UK standards. GreenTech also faces a German advertising ban on environmental claims for non-EU manufactured products. Advise GreenTech on the compatibility of these measures with free movement of goods provisions.

Analyse the development of the free movement of persons provisions within the EU legal framework. How effectively did the Citizens' Rights Directive 2004/38/EC consolidate the previous patchwork of legislation, and what limitations remain on the right of free movement?

DataFlow SA, a Belgian data analytics company, wishes to establish a branch office in the UK to provide financial data processing services. UK regulatory authorities require DataFlow to obtain a separate UK licence, undergo a full audit by UK-approved auditors, and employ a UK-resident managing director. DataFlow argues these requirements are disproportionate given it already holds equivalent Belgian and EU authorisations. Advise DataFlow on the applicable legal framework and any challenges it may bring.

Critically evaluate the role of the Court of Justice of the European Union in the development of EU constitutional principles. Has the CJEU acted as a legitimate judicial body or has it engaged in judicial activism beyond its mandate?