[Solution]EUROPEAN UNION LAW

Assessment Rubric and Instructions to Students● Answer two out of three questions from Section A and EITHER the remaining question from Section A OR the…

Assessment Rubric and Instructions to Students● Answer two out of three questions from Section A and EITHER the remaining question from Section A OR the question from Section B● Word limit: 1000 words per question.● All questions attract equal marks.● The usual 10% word-limit leeway applies. This means you can exceed the indicated word count by 10% without penalty.● Where you are referring to case law, legislation, or academic commentary in your answer, this should be footnoted, using the OSCOLA rules. Your footnotes do not form part of the overall word count. You should also include a bibliography at the end of your answer (this does not form part of the word count either).● Upload your answer via the submission point on Moodle. No front cover sheet is required but ensure that your student number appears on your submission.● Please complete and save your answer as an MS Word document, with the file name ‘Candidate 19XXXXXX Questions A1, A2, A3, B1.’ as relevant to your answers.● To preserve anonymous marking please do not write your name or student number on your answer.● The earliest you can upload is at the start of the time when the original exam would have commenced, as reflected in your google calendar: 26th May at 10 am. The submission window will first appear on Moodle at that time.● The latest you can upload is 24 hours AFTER that period begins.QuestionsSection AUse the date of today’s exam as the date of your opinion. Please note the U.K. is under an obligation to comply with EU legislation during the transition period.In early 2018, a number of people in the United Kingdom (U.K.) contracted ‘truffle’ virus (a type of food poisoning) after eating chickens which had been imported into the U.K. from Italy. As part of the European Union’s strategy to control future outbreaks of ‘truffle’ virus, the Council of the EU adopted (fictitious) Directive 2018/15/EU. Based on Article 114 TFEU, the Directive obliges all Member States to have in place a programme of universal vaccination for all poultry by June 2019. TheDirective expects Member States to bear the cost of the vaccination programme and to introduce systems to certify that eggs are from vaccinated chickens and that the chickens themselves are vaccinated. The Directive also imposes a ban on the importand export of chickens and eggs, which are not ce

The Confederation of Poultry Farmers (CPF) is anxious about the economic impact on its members of the export ban.Examination QuestionsA1. Advise the CPF whether and, if so, on what grounds they might challenge Decision 2020/02/EU.A2. Following a dispute between the U.K. Government and the PVA over theamount of payments for vaccinations, the PVA instructs all PVA members torefuse to issue certificates, which certify that chickens and eggs are fromvaccinated flocks, to poultry farmers throughout the U.K.Advise the CPF whether it can rely on Directive 2018/15/EU in seeking anorder in the U.K. courts, requiring the PVA to ensure that its members resume issuing certificates.A3. Tom is a poultry farmer in South Wales who has for many years beenvaccinating his animals. Most of the chickens and eggs he produces areexported to Europe, a market that is now closed to him. He has had to destroy a large number of eggs, which he has been unable to sell in the U.K. and he has had to stop the production of chickens.Advise Tom whether he might seek compensation from the U.K. Government for the losses which he has suffered.Section BB1. ‘Despite the widespread criticism of many of the judgments relating to articles 34 to 36 TFEU the fact remains that this is a remarkable body of case law characterised by a surprisingly high degree of legal certainty,…’ P. Oliver (2011)Discuss this statement with reference to the CJEU’s case law.
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