Chapter 2
MEMBERSHIP OF THE EU
1. What is the legal requirement that an applicant State must satisfy for admission to the EU?
a. The applicant State must agree to accept all EU laws passed subsequent to their joining the EU.
b. The applicant State must accept EU acquis.
c. The applicant State must agree to accept all the legislative acts they vote for in the Council.
a. This is an incorrect answer.
b. This is the correct answer. A new Member State must accept, without reservation, and from the commencement of its formal membership, the body of common rights and obligations, actual and potential, that bind all EU Member States together – in other words, a candidate State must accept all of EU law and its basic political principles and values. This is known as the EU acquis. The acceptance means more than translation of the acquis into national law. It requires that a candidate State has properly implemented the acquis through adequate administrative and judicial institutions.
c. This is an incorrect answer. Every Member State must accept acts adopted by the Council. Usually they are adopted by qualified majority voting (QMV). Therefore even though a Member State may be ‘out voted’ it must accept the relevant act in a situation where it wasadopted in accordance with the voting method required by the Treaties.
2. What was the total number Member States in the EU as at 1 January 2013?
a. Ten
b. Twenty-seven
c. Fifteen
a. This is an incorrect answer.
b. This is the correct answer.
C. This is an incorrect answer.
3. When does a Treaty of Accession come into force?
a. When the candidateState signs the Treaty of Accession.
b. When the candidate State signs the Treaty of Accession along with the President of the Council.
c. Upon the Treaty of Accession having been ratified by the candidate State and all Member States.
a. This is an incorrect answer. The candidate State must not only sign the Treaty of Accession but also ratify it.
b. This is an incorrect answer. This does not meet the requirements of EU law.
c. This is the correct answer. All current Member States must agree to any new Member State joining the EU.
4. In what circumstances may the EU membership rights of a Member State be suspended?
a. when a Member State refuses to comply with a judgment of the ECJ rendered against that State for a breach of EU law;
b. When the Council, following a determination by the European Council of the existence of a serious and persistent infringement of fundamental values of the Union by the Member State concerned, decides to suspend some or all membership rights’ of that State
c. when a Member State threatens to withdraw from the EU.
a. This is an incorrect answer. Non-compliance with a judgment of the ECJ may be subjected to the enforcement procedure which may result in the imposition of pecuniary sanctions on the Member State concerned.
b. This is the correct answer. Once the European Council has made a determination of the existence of a serious and persistent infringement of fundamental values on which the EU is based by the Member State concerned, the Council may, acting by a qualified majority, decide to suspend certain rights of the defaulting Member State, including its right to vote in the Council. However, in applying Article 7(2) TEU the Council must take account of the possible consequences of such a suspension on the rights and obligations of natural and legal persons. During suspension, the defaulting Member State is bound to carry out its obligations flowing from the Treaties, and the other Member States are bound to carry out their obligations to the defaulting Member State
c. This is incorrect. The procedure for withdrawal is specified in Article 50 TEU.
5. How can a Member State withdraw from the EU?
a. There is a mechanism under the Treaties to allow a Member State to withdraw.
b. The Member State wishing to withdrawal must give five years notice of its intention.
c. There is no withdrawal from the EU.
a. This is the correct answer. Article 50 TEU sets out the procedure for voluntary withdrawal.
b. This is an incorrect answer. There is no notice period required by EU law if a Member State should wish to withdraw.
c. This is an incorrect answer. Article 50 TEU regulates the matter of withdrawal.