EU Law Revision, Study
and Survival guide
Friday, 25 March 2022
1
LAW2110 EXAM PAPER:
Basic requirements
You MUST answer 3 Qs = You MUST
answer the seen Q + also answer 2 unseen
Qs out of the 5 unseen Qs made available
to you
All Qs carry equal marks but a HIGHER
STANDARD of knowledge, analysis and
presentation will be expected in the
answer to the seen Q than to the unseen
Qs in the exam
LAW2110 EXAM PAPER:
Online related aspects
Duration of Exam: You will have 5h00 to complete the exam paper
Word limits: max of 1,200 words per Q but remember: FOCUS NEEDS
TO BE ON QUALITY, NOT QUANTITY
Materials permitted: EU law exam will be a “take home/open book”
exam = you will sit the exam remotely and you may (but do not have to)
consult textbook, module handbook, slides, etc.
Our advice: Do revise for the EU law exam unseen Qs as YOU
WOULD NORMALLY as having access to your textbook and/or notes
and/or online sources WILL NOT HELP YOU if you have not
previously and properly revised/understood the module.
Pitfall to avoid: Looking for answers in your textbook/notes/slides on
the day of the exam. You will NOT find them unless you have properly
revised the module and you will find yourself having run out of time
notwithstanding the extended duration of the
Date/time of the first LAW2110 EU law
“take home” exam in 2021-2022
The LAW2110 EU Law exam paper will be released in the
usual way on 20 April 2022 at 09:00am UK time
Your answers must be submitted via Turnitin on the same
day by 02:00pm UK time
We will provide students with an answer book template
document, including a cover page, ahead of the release of
the exam paper
Reminder: Extra time is given to account for the time
required to download the paper, type the answers and
upload the answers = you are not expected to spend your 5
hours answering the unseen questions = quality always
better than quantity
Key revision
topics
① EU rules governing the free movement of goods
(i.e. rules & case law dealing with FISCAL &
NON-FISCAL restrictions)
② EU rules (including EU secondary legislation: e.g.
Dir. 2004/38, Reg. 492/2011) & case law relating
to the free movement of persons (EU citizens,
EU workers, EU self-employed, EU providers of
services and their family members)
③ History of the EU (main EU Treaties since 1951)
& EU Institutions (composition, functions and
powers of main EU institutions: European
Council, Council, Commission, Parliament &
Court of Justice)
④ Sources of EU Law, EU Legal Instruments
(Regulations, Directives, Decisions) & Legislative
Process (ordinary legislative process)
⑤ Key principles of EU Law: Direct effect &
Primacy of EU Law
⑥ EU System of Judicial Remedies: Preliminary
ruling + annulment action + enforcement action
Layout of exam paper (20 April 2022)
PART A (seen Qs)
Q1: Problem Q
PART B (unseen Qs)
Q2: Essay Q
Q3: Essay Q
Q4: Essay Q
Q5: Problem Q
Q6: Problem Q
EU Law revision tips
General tips
PLAN AHEAD: put together a 7-day
revision schedule + revise one module
per day or half day + have realistic
goals (see next slide)
o
Revise actively (reading through your
notes is not good enough)
CREATE HABITS/ESTABLISH A
ROUTINE: Do similar tasks daily at
same time/same location
Summarise: prepare your own 3-4p
max summary per key topic (see key
topics slide) | this summary should be
based on ‘key points’ available in
module handbook + lecture slides +
textbook
PRIORITISE: Focus on important tasks
and deal with most difficult tasks when
you are at your best (e.g. morning)
Once done with summaries/rereading your notes, practice writing
plans and full answers to previous
exam questions
AVOID DISTRACTIONS;
INTERRUPTIONS; PROCRASTINATION
by turning off Wi-Fi on your device(s)
NB. Seen Q must be prioritised after
general revision period (see below for
specific advice on seen Q)
TAKE REGULAR BREAKS: Take a 10-mn
break after every hour of revision & do
not revise/work excessively (no more
than 8h of revision per day)
Last 24 hours: Avoid any last-minute
intensive revision session as you do
not want to be tired on the day of the
exam!
Example of 7-day revision schedule once teaching is over
Monday
Tuesday
Wed
Thurday
Fri
Sat
EU Law
Tort
EU Law
Tort
EU Law
Tort
Read and
summarise
module
topic no 1 in
week 1 /
Module
topic no 4 in
week 2
Optional
module or
seen Q
Topic no 2
in week 1
/ Topic no
5 in week 2
Topic no 3
in week 1 /
Topic no 6
in week 2
Sun
Enjoy a nice
brunch with
friends!
NB. Seen Q
can be
researched/
prepared
after Easter
break
Criminal
Law
Optional
module or
seen Q
Criminal
Law
Optional
module or
seen Q
Criminal
Law
Go see a
scary movie
DURING THE EXAM
o START BY READING the questions carefully to AVOID
irrelevant and/or incomplete answers
o Do not write anything during the first 5 minutes and instead
take a deep breath, read & select the questions to answer and
CAREFULLY PLAN YOUR TIME
o Quickly move on if you get stuck on a question (or any
particular aspect of a question) & MAKE SURE TO
ANSWER THE COMPULSORY NUMBER OF
QUESTIONS!
o Explain yourself if you are not able to answer all aspects of
the question rather than leaving the marker wondering why a
particular aspect is not covered/analysed
General advice for the Seen Q
Reminder: Seen Q is in
essence just a lengthy
problem Q
Key point: The facts are
all important and
application of relevant
law (e.g. Treaty provisions;
legislative provisions; case
law) to the facts is
essential.
Pitfalls to avoid:

Offering a purely abstract
essay

Not separating the
different issues clearly

Excessive repetition

Raising irrelevant points
of law

Poor written style
General organisation
Do not put pen to paper until you are clear on the following issues:
(1) FACTS: You must have a precise understanding of the facts, since
facts determine the relevance of any legal points you make later.
Fact identification and organisation is an important legal skill.
(2) LEGAL ISSUES: Draw relevant legal topics/issues from the facts +
consider the order in which you should address them (order and
organisation of your lecture slides should help here)
(3) RELEVANT LAW: Identify the correct law applicable to each main
factual problem (while doing so, also identify supporting
authorities)
Structuring your answer
Apply the IRAC formula or any variation of that
method (http://en.wikipedia.org/wiki/IRAC)
For additional and useful advice, see Prezi presentation
by Steven Vaughan on “answering problem questions:
Law”: http://prezi.com/3aiflevclr3y/answeringproblem-questions-in-law/)
Joe, a French national, is passionate about exotic gardens and royal history, and applies to
the French government to legally change his name to ‘King Joe’. After changing his name
in February 2021, he meets and falls in love with David, an American national who is
studying law at Maastricht University, and King Joe decides to move to the Netherlands
to be with him.
Upon arriving in the Netherlands in March 2021, King Joe plans to open a garden centre
specialising in seasonal exotic plans, called ‘Four Seasons Exotic Garden Centre’. He
convinces David to put his law degree on hold to instead help him with the Garden
Centre.
King Joe applies for a business licence to operate the ‘Four Seasons Exotic Garden
Centre’ but is refused, as (1) in the Netherlands it is illegal for anyone except the
Monarch to use the title ‘King or Queen’ and so his name cannot be registered on any
official document; (2) it is a legal requirement that anyone operating a garden centre to
have a qualification in horticulture (or equivalent) which King Joe does not have; and (3)
King Joe speaks Dutch with a French accent which would make it difficult for consumers
to understand the care instructions for their exotic plants.
In the process of appeal against the decision not to grant him a licence, King Joe receives
further bad news. The Dutch Ministry of the Interior issues a deportation order against
David as he is no longer in the Netherlands on a study visa, as he has withdrawn from his
course and intends to work for King Joe. The Ministry states that David is not a family
member of King Joe and so cannot rely on his EU law rights.
Advise King Joe and David as to their rights under EU Law.
N.B. You should not consider the application of domestic Dutch immigration law.
Seen Q outline answer
Key legal issues: 1/ use of title ’King or Queen’; 2/
qualification in horticulture to run a garden centre; 3/
linguistic proficiency in national language to run a
garden centre; 4/ deportation of non-EU partner
(David) justified on account that the partner would not
be a family member of an EU citizen (King Joe in this
case)
Relevant Law: 1/ Article 21 TFEU and ECJ Case C208/09 Sayn-Wittgenstein; 2/ Article 49 TFEU and
associated case law covered in class; 3/ Case law
developed covered in class in relation to workers (esp
ECJ Case C-379/87 Groener /Article 45 TFEU which
can be applied by analogy to self-employed
persons/Article 49 TFEU; 4/ Directive 2004/38
Seen Q outline answer
Assessment (reminder: 4 key legal issues were distinguished previously):
1/ students should consider the application of relevant case law (Sayn-Wittgenstein) and whether
this constitutes a restriction on the right of free movement under Article 21 TFEU. They
should then consider whether the restriction could be justified on the basis of public policy
considerations. The argument within Sayn-Wittgenstein of protecting the principle of equal
treatment does not apply, and so students should consider the proportionality of the law: e.g.
calling someone ‘King’ does not indicate that they are usurping royal status.
2/ Students should consider whether this constitutes a restriction (yes), but whether it nevertheless
does not fall foul of Article 49 TFEU as it is the same condition as applies to all nationals of
the Netherlands. For full consideration, students should also consider whether the restriction
is also nevertheless justified by overriding reasons of general interest, for instance on grounds
of public policy, public security or public health; and whether it is proportionate.
3/ students should consider whether this is discriminatory (yes), and can argue principle from
relevant case law under Article 45 TFEU (but should ensure to clarify that King Joe is not a
worker under Article 45 TFEU, and Article 49 TFEU is applicable). Students should
consider whether it is a proportionate requirement of operating a garden centre for the
licence-holder to speak without a French accent.
4/ Students should identify that David does not fall under any category of family member listed in
Article 2 Directive 2004/38, however, the must then consider whether David may be
considered a beneficiary under Article 3 Directive 2004/38. Students should consider
whether 7 months (at the time of the EU law exam) constitutes a ‘a durable relationship, duly
attested’
General approach to answering
(unseen) essay questions
 Read the question carefully.
 Identify the area(s) of law in the question.
 Is the question based on a quotation? If so, which
issues does the quotation raise? Please make sure to
engage with quotation to get the best possible mark
 Write a rough plan of your approach to answering the
question, including the relevant Treaty Articles,
secondary legislation and case law of the CJEU + some
personal analysis/comments.
Example of
ESSAY-Q
Having regards to both its
composition and powers,
critically analyse whether the
Commission effectively
promotes ‘the general interest
of the Union’ as required by
Article 17(1) TEU.
Your answer should particularly
focus on the Commission’s
power of initiative in the
legislative process and explain
how the Commission interacts
in this context with the Council
of the EU and the European
Parliament.
Introduction: Students would be expected to give an overview
of the EU institutional framework and its historical evolution
until Lisbon
Main analysis:
1/ Students are expected to first offer a descriptive account of
the Commission’s composition and powers. They should
explain for instance why we have one Commissioner per EU
Member State, their role, the term of their mandate, how they
are appointed and can be dismissed, etc. (all relevant
information available in the handbook/slides/textbook)
2/ In the second part of their answer, students are expected to
focus on the following two points directly mentioned in the the
second part of the Question: i) Commission’s power of
initiative in the legislative process (a broad description of
ordinary legislative procedure is expected here) and ii)
Commission’s role as ‘guardian of the Treaties’ (a broad
description of the Commission’s power to initiate annulment
actions and infringement actions is expected here)
Brief concluding remarks can then be offered on the European
Commission’s key role in the broader EU’s institutional
framework
REMINDER: all of the info required to satisfactorily answer
this essay question can be found in the module handbook /
slides & textbook
General approach to answering
(unseen) problem questions
Read the question carefully
Identify the legal area(s) covered by the question
Write a rough plan of your approach to answering the
question before drafting your answer & consider using
the IRAC method to structure your answer
Your answer must cite & analyse:
Relevant Treaty provisions (TEU, TFEU, EU Charter
provisions) and EU legislative provisions (i.e. provisions
from relevant EU regulations and/or EU directives)
Relevant CJEU case law (NB: it is enough to cite
judgments using either the case number or the name of
the applicant)
Example of PROBLEM-Q
Introduction: General overview of the notion of EU internal market
and EU ”four freedoms” before briefly explaining key rationale
underlying EU free movement law (preventing national protectionism
/discrimination on grounds of nationality/origin) before outlining
briefly what free movement of goods legally entails in EU law and two
types of national trade barriers one may encounter (fiscal versus nonfiscal barriers to trade)
Alberto runs a business specialising in the sale of
Italian food products in Italy. During the pandemic,
he switched to selling products online only, but has
encountered the following difficulties as he tries to
expand his business outside of Italy:
Relevant Law: Students should summarise key legal principles one may
derive from the ECJ case law regarding CDs and CEEs (Art 30 TFEU);
ECJ case law regarding discriminatory internal taxation (Art 110 TFEU)
and ECJ case law regarding non fiscal barriers to trade = quantitative
restrictions and MEQRs (Art 34 TFEU)
(a) Lithuania requires all sun-dried tomatoes to be
charged €1 for every mile they travel from the point
of production to the point they are sold in order to
encourage a reduction in environmental impact;
Application: (a) Alberto’s sun-dried tomatoes have been subject to fee
(tax) for every mile travelled to the market. This should be examined in
light of the case law relating to Art 110 TFEU and not Art Art 30
TFEU. In this instance, there is a clear breach of Art 110 TFEU. While
ostensibly non-discriminatory as applying to all sun-dried tomatoes, the
measure is distinctly applicable, as it more negatively impacts on
products imported from outside of Lithuania. Students should argue as
to whether environmental impact constitutes an objective justification.
(b) French law requires that olive oil bottles sold in
France must clearly indicate the country of origin;
(c) In Finland it is illegal to advertise wine online,
regardless of origin, but this prohibition does not
apply to other types of alcoholic beverages such as
beer or vodka, which are produced locally.
Advise Alberto as to the legality of the EU law issues
arising regarding the free movement of goods with
respect to (a) the Lithuanian environmental charge;
(b) the French labelling requirement and (c) the
Finnish advertising prohibition.
(b) French law also provides that olive oil must clearly highlight the
country of origin = French labelling requirement should be assessed in
light of Art 34 TFEU | See Commission v. UK; Commission v. Ireland;
Commission v. Germany | Product characteristic post Keck may be said to
be liable to reinforce national preferences even though requirement
applies to all olive oil producers.
(c) In Finland, it is illegal to advertise wine, regardless of origin, online
but advertising of other types of alcoholic beverages is fine = Finnish
advertising prohibition = key issue is to assess whether this falls within
scope of Art 34 TFEU or whether it constitutes a selling arrangement
falling outside of scope of this Treaty provision | Keck is to be discussed
and it should be argued that Keck’s conditions are not met as indirectly
discriminatory measure whose effect is exclusively felt by wine
producers, none of which are established in Finland. Protectionist
intent can be clearly deduced from the arbitrary distinction made
between wine and for instance beer or vodka, which are produced in
Finland contrary to wine.