TASK DEFINITION: In this task, you are given a passage and a question regarding that passage. You must determine whether or not the question is answerable from the given passage. If a question is answerable, output should be 'True', otherwise 'False'. You must not consider any other information that is not provided in the passage while labelling True or False.
PROBLEM: Passage: Although it is generally accepted that EU law has primacy, not all EU laws give citizens standing to bring claims: that is, not all EU laws have "direct effect". In Van Gend en Loos v Nederlandse Administratie der Belastingen it was held that the provisions of the Treaties (and EU Regulations) are directly effective, if they are (1) clear and unambiguous (2) unconditional, and (3) did not require EU or national authorities to take further action to implement them. Van Gend en Loos, a postal company, claimed that what is now TFEU article 30 prevented the Dutch Customs Authorities charging tariffs, when it imported urea-formaldehyde plastics from Germany to the Netherlands. After a Dutch court made a reference, the Court of Justice held that even though the Treaties did not "expressly" confer a right on citizens or companies to bring claims, they could do so. Historically, international treaties had only allowed states to have legal claims for their enforcement, but the Court of Justice proclaimed "the Community constitutes a new legal order of international law". Because article 30 clearly, unconditionally and immediately stated that no quantitative restrictions could be placed on trade, without a good justification, Van Gend en Loos could recover the money it paid for the tariff. EU Regulations are the same as Treaty provisions in this sense, because as TFEU article 288 states, they are ‘directly applicable in all Member States’. Moreover, member states comes under a duty not to replicate Regulations in their own law, in order to prevent confusion. For instance, in Commission v Italy the Court of Justice held that Italy had breached a duty under the Treaties, both by failing to operate a scheme to pay farmers a premium to slaughter cows (to reduce dairy overproduction), and by reproducing the rules in a decree with various additions. "Regulations," held the Court of Justice, "come into force solely by virtue of their publication" and implementation could have the effect of "jeopardizing their simultaneous and uniform application in the whole of the Union." On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed. Question: In which case was it held that the provisions of the treaties are directly effective if they are clear, unconditional, and don't require further action by EU or national authorities?

SOLUTION: True

PROBLEM: Passage: As well as creating rights for "workers" who generally lack bargaining power in the market, the Treaty on the Functioning of the European Union also protects the "freedom of establishment" in article 49, and "freedom to provide services" in article 56. In Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano the Court of Justice held that to be "established" means to participate in economic life "on a stable and continuous basis", while providing "services" meant pursuing activity more "on a temporary basis". This meant that a lawyer from Stuttgart, who had set up chambers in Milan and was censured by the Milan Bar Council for not having registered, was entitled to bring a claim under for establishment freedom, rather than service freedom. However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by imperative requirements in the general interest" and proportionately applied. All people or entities that engage in economic activity, particularly the self-employed, or "undertakings" such as companies or firms, have a right to set up an enterprise without unjustified restrictions. The Court of Justice has held that both a member state government and a private party can hinder freedom of establishment, so article 49 has both "vertical" and "horizontal" direct effect. In Reyners v Belgium the Court of Justice held that a refusal to admit a lawyer to the Belgian bar because he lacked Belgian nationality was unjustified. TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority", but this did an advocate's work (as opposed to a court's) was not official. By contrast in Commission v Italy the Court of Justice held that a requirement for lawyers in Italy to comply with maximum tariffs unless there was an agreement with a client was not a restriction. The Grand Chamber of the Court of Justice held the Commission had not proven that this had any object or effect of limiting practitioners from entering the market. Therefore, there was no prima facie infringement freedom of establishment that needed to be justified. Question: What do workers generally have in the market?

SOLUTION: False

PROBLEM: Passage: Cultural imperialism is when a country's influence is felt in social and cultural circles, i.e. its soft power, such that it changes the moral, cultural and societal worldview of another. This is more than just "foreign" music, television or film becoming popular with young people, but that popular culture changing their own expectations of life and their desire for their own country to become more like the foreign country depicted. For example, depictions of opulent American lifestyles in the soap opera Dallas during the Cold War changed the expectations of Romanians; a more recent example is the influence of smuggled South Korean drama series in North Korea. The importance of soft power is not lost on authoritarian regimes, fighting such influence with bans on foreign popular culture, control of the internet and unauthorised satellite dishes etc. Nor is such a usage of culture recent, as part of Roman imperialism local elites would be exposed to the benefits and luxuries of Roman culture and lifestyle, with the aim that they would then become willing participants. Question:  How do regimes not fight against cultural imperialism?

SOLUTION:
False

