Question 1<\/p>\n\n\n\n
\u201cWhen determining whether a directive or regulation is within the powers of the EU, competency is the most important principle rather than proportionality or subsidiarity\u201d. <\/p>\n\n\n\n
Critically discuss.<\/p>\n\n\n\n
Question 2<\/p>\n\n\n\n
The Spanish government has commissioned a report into the sales of wine within Spain. The report concluded that sales of wine were increasing by 10% each year, but that the sales of imported wine were increasing more rapidly than domestically produced wine.<\/p>\n\n\n\n
Despite this, sales of imported wine remain relatively low, at 20% of the overall market. The report also concluded that imported wine generally had a higher alcohol content, with 75% of imports being stronger than the average strength of domestically produced wine, which was 13%.<\/p>\n\n\n\n
It also appeared that Imported wine was also more likely to be drunk by people aged over 65 years. The report also found that importers of wine were increasingly sponsoring classical concerts to appeal to older people.<\/p>\n\n\n\n
Following the findings of the report, the Spanish government, concerned at these findings, has proposed the following series of measures:(a) In order for a drink to be sold in a supermarket as \u201cwine\u201d, the drink in question must be no stronger than 12.5% alcohol.(b) A ban on advertising all beer at, or the sponsorship of, all musical events.(c) In order for a pub, bar, or restaurant to sell wine stronger than 13%, they must apply for a special licence.(d) Those wines stronger than 13% should be subject to a \u2018supplemental strength tax\u2019 of \u20ac3 per bottle.<\/p>\n\n\n\n
The Association of Wine Importers has heard about these measures and believes that these measures may breach EU Law and have come to you for advice. <\/p>\n\n\n\n
Advise the Association of Wine Importers. <\/p>\n\n\n\n
Please Note: For the purposes of your answer, assume that the Withdrawal Agreement, which took effect on 31st January 2020, continues to apply in full, and has not been affected in any way by any agreement that the UK and the EU may conclude by the date of this exam regarding the future relationship.<\/p>\n\n\n\n
Reference with OSCOLA <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Question 1 \u201cWhen determining whether a directive or regulation is within the powers of the EU, competency is the most […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4066","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"yoast_head":"\n