EU Law Practice Exam Page 1

PRACTICE EXAM

UNIVERSITY OF WASHINGTON
SCHOOL OF LAW

Final Examination Professor Jane K. Winn

Winter 2009 Thomas Daemen
Take Home Exam

EU Law E509

Instructions:

This exam consists of five (5) questions and three (3) pages inclusive of this instruction
page. Before beginning, be sure you have all pages and that they are in the correct order.

This exam is completely open book. You may use any materials in hard copy or electronic form
when you answer the exam, including materials on the Internet or on your computer. However,
each student must work alone and may not collaborate with other students. We are looking for
answers that show mastery of the assigned readings and class discussions; we do not expect
anyone to do any independent research in order to answer any questions.

Students must not have any contact with their instructor regarding this exam from the time
they receive their copy of the exam until final course grades have been posted. Please contact
Academic Services, Room 361 (call 206-543-0453 or email lawnews@u.washington.edu) if
there is a problem or concern regarding the exam. DO NOT CONTACT THE PROFESSOR
DIRECTLY DURING A TAKE HOME EXAM.

The exam will be made available in the Academic Services Office (Room 361) on Friday
March 13, 2009 and can be picked any time after that until Friday March 20, 2009. A hard
copy of your answers to this take-home examination is due in the Academic Services Office
by 4:00 PM on Friday March 20, 2009.

PLEASE BE SURE THAT YOUR EXAM NUMBER AND COURSE NUMBER APPEAR
IN THE UPPER RIGHT HAND CORNER ON THE PRINTED COPY OF THE EXAM
YOU TURN IN TO THE ACADEMIC SERVICE OFFICE (Room 361). ELECTRONIC
SUBMISSIONS WILL NOT BE ACCEPTED.

Students need to submit their own exam answers; they may use a delivery service
(including FedEx, USPS, etc), but the exam must arrive prior to the stated deadline.

This examination represents 70% of your total grade for this course (in addition to 10% for in-
class participation and 20% for homework assignments).

Students must answer three (3) out of the five (5) questions, chosen at the student’s option.
Each of the three answers will receive equal weight in grading the exam (i.e., each is worth
33%). The word limit for the exam is: 2,000 words for each answer; 6,000 words total.
EU Law Practice Exam Page 2

Each question is worth approximately 33 points. You should try to answer each of the three
questions with an equivalent degree of care. In principle, you should be able to complete the
exam in one day; however, there is no limit on the amount of time you may spend provided you
turn in your answers by 4 pm on Friday March 20.

Please number each answer clearly and put all answers in one document AND BE SURE TO
PROVIDE THE WORD COUNT FOR EACH QUESTION. Failure to provide a word
count for each question will result in points being deducted from your exam result.

Take time to organize your answer before you begin writing. Limit your answer to the space
provided. Be concise. You will not be able to discuss all relevant issues raised and stay within
the word limit, so you will have to prioritize. Your grade will be based on how well you
prioritize and the clarity of your reasoning as well as on the substance of your answer. Footnotes
are not necessary, but parenthetical notes indicating legal authority or the source of information
are welcome, such as: (Cassis de Dijon case) or (Majone p. 81).

If you feel any part of a question is ambiguous, make a reasonable factual assumption, state what
you are assuming and explain its significance.

You may keep this copy of the exam questions.

EU Law Practice Exam Page 3

QUESTION ONE: “In Europe, the Precautionary Principle is not so much an ethical principle as a basis for
EU interference in member state affairs and a pretext for protectionism.” Do you agree? Why or why not? Please
use examples from the textbook, cases and supplemental readings to explain your answer.

QUESTION TWO: The book describes a number of different forms of integration. How would you classify
the EU’s form of integration? Is it a single form or integration, or are there in fact many different types of
integration? What form of integration would help the EU best realize its objectives (including reducing the so-called
“democratic deficit”), and why?

QUESTION THREE: What is the basis for the claim that the EU suffers from a “democratic deficit”? Is it a
legitimate concern, and has it effectively been addressed by the proposed Constitutional Treaty and Reform Treaty?
Please use examples from the textbook, cases and supplemental readings to explain your answer.

QUESTION FOUR: How does EU law regulating retail markets differ from US law? Please examine in
depth two or three separate examples of legal doctrines affecting retail markets covered in the course, focusing on
the EU law rather than the US law in your analysis. What costs and benefits do EU law, or the law of EU member
states, impose on Europeans? Do you think the regulations you have chosen achieve their goals and are seen as
legitimate by those subject to them?

QUESTION FIVE: Explain the legal, practical and policy significance of the principle of mutual recognition
and of “measures equivalent to quantitative restrictions.” What role have these principles played in the creation of
the Internal Market? Please use examples from the textbook, cases and supplemental readings to explain your
answer.

END OF EXAM
Please remember to provide a word count for each answer.

This exam must be turned in to Academic Services by 4:00 PM, Friday, March 20, 2009.