Test on European Private Law and Fundamental Rights

Question 1: The EU possesses specific competences, such as the internal market and consumer protection, which are used for private-law harmonisation.

A. Ano

B. Ne

Explanation: The study materials state that while there is no general EU competence for private law, specific bases are used for private-law harmonisation. These include shared competences like the internal market and consumer protection, among others.

Question 2: According to the study materials, which of the following is an example of how the CJEU reshapes national private and procedural law?

A. By issuing directives that replace national civil codes.

B. Through developing principles like effectiveness and fundamental rights, as seen in areas like ex officio control of unfair terms.

C. By directly legislating new general private law for all member states.

D. By prohibiting national courts from interpreting national laws.

Explanation: The study materials state that 'CJEU develops principles (effectiveness, equivalence, fundamental rights) that reshape national private and procedural law (e.g. ex officio control of unfair terms).' Other options are not supported by the text; the CJEU does not issue directives, directly legislate new general private law, or prohibit national courts from interpreting national laws.

Question 3: The Charter of Fundamental Rights of the EU can confer rights that are enforceable between private parties when the relevant provisions are sufficiently clear and unconditional within fields covered by EU law.

A. Ano

B. Ne

Explanation: The study materials state that the right to paid annual leave (Art. 31(2) CFREU) is sufficiently clear and unconditional to confer rights on workers vis-à-vis private employers in fields covered by EU law, and that IR v JQ confirms the horizontal effect of non-discrimination in employment, indicating the Charter can confer rights enforceable between private parties.

Question 4: Fundamental Rights solely concern state actions and have no impact on private autonomy.

A. Ano

B. Ne

Explanation: The study materials state that 'FRs are not only about state action; they reshape private autonomy'. This includes limiting contractual freedom and property rights.

Question 5: According to the study materials, which of the following are recognized legal bases for the protection of Fundamental Rights?

A. National constitutions and their respective courts

B. The European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR)

C. EU law, including its Treaties, the Charter of Fundamental Rights of the EU (CFREU), and the Court of Justice of the European Union (CJEU)

D. The Universal Declaration of Human Rights (UDHR) and the International Criminal Court (ICC)

Explanation: The study materials explicitly list 'National constitutions and courts', 'ECHR and ECtHR', and 'EU law (Treaties + CFREU) and CJEU' as legal bases for Fundamental Rights protection. The Universal Declaration of Human Rights and the International Criminal Court are not mentioned in this context within the provided study materials.