FE1 Exam Thread (Read 1st post!) NOTE: YOU MAY SWAP EXAM GRIDS

LJones18

What topic is Equivalence and Effectiveness under? I Saw it in a recent exam paper but also don't want to try cover it today?

iamanengine

Aoibhin511 wrote: »

October 19 and March 17

Ah grand, if it came up October 19 we are sound I reckon, don't think it would come up again so soon

Edit - It's under MS liability under my manual but there is literally one paragraph on it

Lallers96

Is it Equity and Property that have a good bit of overlap? Or have I mixed up some subjects.

I plan on doing 2 in October and leave 5 left for 2021. Seen as that's only ~8 weeks away I would want to sit the "easiest or smallest" subjects

BlackhallPlz

In Q4 October 2018 re Workers/ citizenship, Lola is a TCN living with her French worker boyfriend in Ireland. She’s on a student visa and can only work p/t upto 18 hours a week. She can’t afford PhD fees and you need to decide if she can derive right to social benefits/ student grant.

Other part to q is that she’s pregnant and I’m fine on that.

My instinct is that even though she’ll be hit by the art 24(2) D2004/38 derogation she can still derive a right through her worker bf through art 18+20 - equal treatment and non- discrim. Would appreciate if anyone could give some guidance? Good karma in it for you!

iamanengine

Lallers96 wrote: »

Is it Equity and Property that have a good bit of overlap? Or have I mixed up some subjects.

I plan on doing 2 in October and leave 5 left for 2021. Seen as that's only ~8 weeks away I would want to sit the "easiest or smallest" subjects

Equity and Contract I think has more overlap. Could be wrong though. Property is much much easier than contract though

BlackhallPlz

iamanengine wrote: »

Equity and Contract I think has more overlap. Could be wrong though. Property is much much easier than contract though

Agreed. Criminal is also a very handy subject to do with any of property, equity or contract

Lallers96

iamanengine wrote: »

Equity and Contract I think has more overlap. Could be wrong though. Property is much much easier than contract though

Ah that's probably the two I had been told have quite the overlap. Even just looking at the Property manual was a huge relief, it's half the size of Tort!

lsheehaneire

Its under National procedural rules.- principal of equivalence and effectiveness.

Lallers96

Lallers96 wrote: »

Ah that's probably the two I had been told have quite the overlap. Even just looking at the Property manual was a huge relief, it's half the size of Tort!

Thought property was a million times easier than equity! Contract much better too -maybe I just have a mental block against equity

Anyone enquired about results/timetable? With EU not even over yet I’m sure they’ve got no news but I am quite anxious

nmurphy1441

If I were to go over one section of competition law in the hope it might come up tomorrow, what section/question should I cover?

iamanengine

nmurphy1441 wrote: »

If I were to go over one section of competition law in the hope it might come up tomorrow, what section/question should I cover?

Art 101 - Prohibited agreements and Art 102 - Abuse of a dominant position, they kind of go together.

Also highlight in your legislation Regulation 139/2004 which is the legislation on Mergers, my manual essentially just transcribes the regulation so I think if push came to shove you could answer a merger question solely using the legislation.

This is pretty much what I'm doing for competition.

State Aid came up on the last sitting so probably safe to leave out - hoping that doesn't come back to bite me

lawgrad49

BlackhallPlz wrote: »

In Q4 October 2018 re Workers/ citizenship, Lola is a TCN living with her French worker boyfriend in Ireland. She’s on a student visa and can only work p/t upto 18 hours a week. She can’t afford PhD fees and you need to decide if she can derive right to social benefits/ student grant.

Other part to q is that she’s pregnant and I’m fine on that.

My instinct is that even though she’ll be hit by the art 24(2) D2004/38 derogation she can still derive a right through her worker bf through art 18+20 - equal treatment and non- discrim. Would appreciate if anyone could give some guidance? Good karma in it for you!

I only have half of the examiners report for this question but you're on the right track as it says Q4 deals with Free Movement for Students, citizenship and the rights of residency for TCN in the EU... requires an assessment of the legal position of TCN that are the spouse and or parent of an EU Citizen, added to the fact the TCN will become the parent of an Eu Citizen.

I am struggling with some of the TCN stuff, I get it that their rights are derived from EU Citizens but some questions are throwing me. Like Q.5 from March 2018 talks about the Australian National who is now divorced (from Dutch national) and is being refused French residency.

If anyone has decent notes or even a few lines on how to deal with Third Country Nationals in a problem q that'd be a great help!

iamanengine

If my Tort exam started at 10am does that mean EU is also at 10?

LJones18

Would anyone be able to explain what they would advise Liam to do with regards to the March 2020 Q on Direct Effect?


EU Directive 2018/444, of 1 April 2018, on harmful pollution from domestic burning introduces a range
of measures designed to improve air quality across all Member States in a variety of ways (fictional).
While this legislation is primarily aimed at placing limitations on the installation of new domestic coal
and wood-burning stoves, Article 4 of Directive 2018/444 also sets out forms of domestic burning
which are prohibited. Included in this list, in Article 4(2)(d) is a complete prohibition on the
manufacture, sale and use of domestic incinerator bins, used for burning domestic waste.
Article 10 of Directive 2018/444 provides that all EU Member States must fully transpose Article 4 of
the legislation into national law by 31 March 2019. In Ireland, the Directive was transposed by the
Harmful Pollution from Domestic Activities (Amendment) Regulations 2019, SI No 999/2019, which
came into effect on 12 June 2019. Regulation 7 of these 2019 Irish Regulations introduces a ban on
the manufacture and sale of domestic incinerator bins, but is silent on the use of existing incinerator
bins which were already in private ownership before June 2019.
Liam, who lives in a housing estate in Wicklow Town, is tormented by the fumes from his next door
neighbour’s domestic incinerator bin. His neighbour has been burning all of his domestic waste in this
bin for the past 5 years. His neighbour also bought in May 2019, and is now also using, a second
incinerator bin. Liam is unable to use his back garden for recreational purposes for drying clothes on
his washing line when his neighbour’s bins are in use – which is usually once, but sometimes twice per
day. A month ago, one of the bins fell over in high winds while it was lit, setting fire to Liam’s fence
and causing extensive damage to his garden shed. His neighbour has so far refused to pay for the
damage and refuses to stop using the incinerator bin.
Having read an article in a magazine last week about the introduction of the Irish Harmful Pollution
from Domestic Activities (Amendment) Regulations 2019, Liam has now approached you, as his
solicitor, to see what can be done about his neighbour’s incinerator bins.
Advise Liam on the relevance of EU Directive 2018/444 to his dispute with his neighbour, referring to
relevant CJEU case law throughout.

Twinings2016

Hi guys,

Apologies if this has been already asked/answered.

Do ppl think its possible that Art 30 & 110 may come up in the question on Free Movement of Goods.

I have a fair idea how to answer if its Art 34, but am mixing myself up re. art 30 & 110.

Would anyone have even a general outline as to how you would answer a PQ based on those arts??

Thanks in advance!!

Healyjhow

I think this question centers around the indirect effect of directives
I would hazard a guess that I would go through art 288 and the usual Reyners test clear and unambiguous, unconditional and leave nor room for discretion of implementation. Then discuss case law such a law Van Duyn/Ratti/Marshall/Recreb and foster and then move to looking at the indirect effect of directives which ensures national courts to interpret domestic legislation in accordance with the wording of directives where conflict exists - then talk about the ruling of van colson/mar leasing and then I would advise Liam that he in accordance with previous case law he should be able to rely on the indirect effect of this directive at a national level when taking action against his neighbour even though Ireland has failed to transpose the directive correctly? Would like to here how others would interpret it too if possible

LJones18 wrote: »

Would anyone be able to explain what they would advise Liam to do with regards to the March 2020 Q on Direct Effect?


EU Directive 2018/444, of 1 April 2018, on harmful pollution from domestic burning introduces a range
of measures designed to improve air quality across all Member States in a variety of ways (fictional).
While this legislation is primarily aimed at placing limitations on the installation of new domestic coal
and wood-burning stoves, Article 4 of Directive 2018/444 also sets out forms of domestic burning
which are prohibited. Included in this list, in Article 4(2)(d) is a complete prohibition on the
manufacture, sale and use of domestic incinerator bins, used for burning domestic waste.
Article 10 of Directive 2018/444 provides that all EU Member States must fully transpose Article 4 of
the legislation into national law by 31 March 2019. In Ireland, the Directive was transposed by the
Harmful Pollution from Domestic Activities (Amendment) Regulations 2019, SI No 999/2019, which
came into effect on 12 June 2019. Regulation 7 of these 2019 Irish Regulations introduces a ban on
the manufacture and sale of domestic incinerator bins, but is silent on the use of existing incinerator
bins which were already in private ownership before June 2019.
Liam, who lives in a housing estate in Wicklow Town, is tormented by the fumes from his next door
neighbour’s domestic incinerator bin. His neighbour has been burning all of his domestic waste in this
bin for the past 5 years. His neighbour also bought in May 2019, and is now also using, a second
incinerator bin. Liam is unable to use his back garden for recreational purposes for drying clothes on
his washing line when his neighbour’s bins are in use – which is usually once, but sometimes twice per
day. A month ago, one of the bins fell over in high winds while it was lit, setting fire to Liam’s fence
and causing extensive damage to his garden shed. His neighbour has so far refused to pay for the
damage and refuses to stop using the incinerator bin.
Having read an article in a magazine last week about the introduction of the Irish Harmful Pollution
from Domestic Activities (Amendment) Regulations 2019, Liam has now approached you, as his
solicitor, to see what can be done about his neighbour’s incinerator bins.
Advise Liam on the relevance of EU Directive 2018/444 to his dispute with his neighbour, referring to
relevant CJEU case law throughout.

LJones18

Healyjhow wrote: »

I think this question centers around the indirect effect of directives
I would hazard a guess that I would go through art 288 and the usual Reyners test clear and unambiguous, unconditional and leave nor room for discretion of implementation. Then discuss case law such a law Van Duyn/Ratti/Marshall/Recreb and foster and then move to looking at the indirect effect of directives which ensures national courts to interpret domestic legislation in accordance with the wording of directives where conflict exists - then talk about the ruling of van colson/mar leasing and then I would advise Liam that he in accordance with previous case law he should be able to rely on the indirect effect of this directive at a national level when taking action against his neighbour even though Ireland has failed to transpose the directive correctly? Would like to here how others would interpret it too if possible

Just confused about whether an individual can take action at a national level against the neighbor, where there has been no mention of the objectives of a directive being transposed into national law at all?

If the Q had mentioned State Liability, would you also say that Liam could also take a case against the state for damages as he meets the criteria (Brasserie De Pecheur/ Factortame) for failure to implement correctly?


I think i've confused myself!

iamanengine

Feeling a wee bit nervous about this one!

yipyop

Hey I'm just wondering if anyone has more recent sample answers for EU? Really just looking to see how to answer the two recent Merger questions - March 2017 and March 2019. I have a few useful bits if anyone needs them, thanks.

lawgrad49

Hey, I know one or two people are predicting an Art 30/110 question could come up, just looking through some old sample answers and they're really not that helpful. I have up to 2016, but know the new examiner came in 2015 so can't really compare.

Q.6 Spring 2018 for example is a tricky one if anyone could suggest a structure there. If anyone has this as a sample answer or even an opinion on how they would approach CD or Internal Tax question be great help!

donners87

Why did it start late?? and where did you sit it?

Aoibhin511

Am I correct in saying that the only way judicial review comes up is the standing rules for non-privileged applicants?

EmmaO94

Aoibhin511 wrote: »

Am I correct in saying that the only way judicial review comes up is the standing rules for non-privileged applicants?

Yeah this is what I've gathered! Suppose it makes a meatier question in his view. So definitely the area to hone in on

iamanengine

donners87 wrote: »

Why did it start late?? and where did you sit it?

In the RDS, they had staggered times for some candidates, everyone in my hall started at 10 and finished at 1

Healyjhow

Eu institutions/ legislative procedures
General principles
Judicial review
Competition law art 101/102
Direct effect of directives/ MS liability
FMOG art 30/34/36 and 110
Anything major that I should try include alongside these topics ..

iamanengine

Healyjhow wrote: »

Eu institutions/ legislative procedures
General principles
Judicial review
Competition law art 101/102
Direct effect of directives/ MS liability
FMOG art 30/34/36 and 110
Anything major that I should try include alongside these topics ..

Very good chance you will have 5 Q's with that. If I was to add anything it would be citizenship/FMOW

Aoibhin511

Healyjhow wrote: »

Eu institutions/ legislative procedures
General principles
Judicial review
Competition law art 101/102
Direct effect of directives/ MS liability
FMOG art 30/34/36 and 110
Anything major that I should try include alongside these topics ..

Workers and Citizenship?

iamanengine

Think I'm gunna have to just leave Competition to the side and hope I still get 5 Q's, I don't know it at alllllll

Going in with this:

Institutions
Sources
General Principles
Judicial Review
Direct Effect/MS Liability
Citizenship
FMOG
FMOW
Equality

Good luck everyone doing EU!

Just remember if you get stuck look in the treaties! A quick flick through triggered my memory last time and got me over the line!

lawgrad49

iamanengine wrote: »

Think I'm gunna have to just leave Competition to the side and hope I still get 5 Q's, I don't know it at alllllll

Going in with this:

Institutions
Sources
General Principles
Judicial Review
Direct Effect/MS Liability
Citizenship
FMOG
FMOW
Equality

I'm in the same boat, all topics above and going to look at Equality now.

I tried to have a look at Art 101/102 today and just know I wouldn't remember all the case law in time!

JCormac

Am I right in thinking that last sittings Institutional question was on both Democratic deficit as well as Lisbon changes. Head is melted

JCormac

Also, these two sittings have seemed particularly soul-destroying/draining compared to other sittings :pac:

iamanengine

JCormac wrote: »

Also, these two sittings have seemed particularly soul-destroying/draining compared to other sittings :pac:

I'm freaking out cos it's potentially my last FE1 and I could be going to Blackhall in September!

Too much pressure

nuac

Good luck to every one
Happiest days of your lives actually

Lallers96

If anyone has any property, equity or contract grids that would be so helpful!!

keelfe1s

Does anyone know if there is a clock in exam hall??

Lawgrad101

keelfe1s wrote: »

Does anyone know if there is a clock in exam hall??

Yeah there is

Lawgrad101

Lawgrad101 wrote: »

Yeah there is

Don’t know where you are but the one is rochestown Park is cork was very hard to see

DFMCD190384

lawgrad49 wrote: »

I'm in the same boat, all topics above and going to look at Equality now.

I tried to have a look at Art 101/102 today and just know I wouldn't remember all the case law in time!

Has anyone anything on equality I could rob? Please.

DUMSURFER

DUMSURFER wrote: »

Does anyone have 'Free Movement of Workers' notes for EU that I could beg for?

Can send any and all other notes, sample answers etc to the unbelievably kind people who help out!

Anyone? Please

FE1Taker

DUMSURFER wrote: »

Anyone? Please

I have them packed in with other fundamental freedoms and on their own if that's any use? I'll swap you for free movements of goods?

musicmanual123

Is there anywhere in RDS to leave a bag, notes or even wallet phone? Not sure what can bring if there’s no cloakroom

FE1Taker

musicmanual123 wrote: »

Is there anywhere in RDS to leave a bag, notes or even wallet phone? Not sure what can bring if there’s no cloakroom

In tort some people left their bags and their things to the side of the hall by the door. There's so much space so it should be fine.

HappyKitten62

Does anyone know when results are out?

HappyKitten62

Am completely overanalysing tort now!! Thinking I had 3 decent qs and 2 rough ones. Fingers crossed.

Good luck to the EU people - he’s a lovely marker

LJones18

Which section of Competition law is more likely to come up this year?

FE1Taker

DUMSURFER wrote: »

Hey, I've sent you two messages?

Also still looking for FMOW notes

I didn't get any messages but I sent you one. Did you get it?

Fe1andDone

Does anyone know exactly what the general principles question was on the March 2020 paper?

Fedone

Fe1andDone wrote: »

Does anyone know exactly what the general principles question was on the March 2020 paper?

What are the general principles of EU law and, using examples from the case law of the Court if Justice, discuss how they are used by the Court of Justice to protect individuals and to ensure that the EU institutions and the member states when implementing EU law, act in accordance with the rule of law?

Fe1andDone

Fedone wrote: »

What are the general principles of EU law and, using examples from the case law of the Court if Justice, discuss how they are used by the Court of Justice to protect individuals and to ensure that the EU institutions and the member states when implementing EU law, act in accordance with the rule of law?

Thanks! Was wondering if I should have a last minute look over that section but that's a pretty comprehensive question so I doubt we'd be seeing it tomorrow.