CIPP-E - Introduction to European Data Protection (13% of the exam) - Section 1.3

Know the roles and functions of key European Union institutions including the Council of Europe, the European Court of Human Rights, the European Parliament, the European Commission, the European Council, and the Court of Justice of the European Union.

Distinguish the roles of the Council of Europe, the European Commission, the European Parliament, the European Council, the CJEU, and the European Court of Human Rights. Apply this knowledge to identify which body issues rulings, proposes legislation, or enforces the ECHR.

CJEUEuropean CommissionCouncil of EuropeECHR

Practice question for this objective

Free sampleIntroduction to European Data Protectioneasy

An individual believes a member state's surveillance practices breach the right to respect for private life guaranteed by the European Convention on Human Rights. After exhausting domestic remedies, which court is designed to hear that complaint?

AThe Court of Justice of the European Union, which rules on the interpretation and validity of Union law
BThe European Commission, which monitors member states' compliance with Union obligations
CThe European Court of Human Rights, which adjudicates alleged breaches of the European Convention on Human Rights Correct
DThe European Parliament, which can investigate matters of concern to Union citizens

Identify the European Court of Human Rights as the body that hears complaints alleging breaches of the European Convention on Human Rights. The ECtHR is the Council of Europe court that rules on individual and state applications alleging a contracting state has violated the Convention, including the right to respect for private and family life.

Why A is wrong: The CJEU is tempting because it handles fundamental rights within Union law, but it does not adjudicate complaints brought directly under the European Convention on Human Rights.

Why B is wrong: The Commission can pursue states for breaching Union law, but it is not a court and does not hear Convention complaints from individuals.

Why C is correct: The ECtHR, a Council of Europe court in Strasbourg, hears applications alleging that a contracting state has breached rights under the Convention, such as the Article 8 privacy right.

Why D is wrong: Parliament may run inquiries and receive petitions, but it is a legislative body and cannot deliver binding judgments on Convention breaches.

See more CIPP-E practice questions, answers explained.

Exam traps in Introduction to European Data Protection

Answers that look right on this material and are not. Each one is a distractor from a different question in the CIPP-E bank for this domain.

The European Court of Human Rights, which hears complaints under the European Convention on Human Rights
Why it is wrong: This is tempting because it sounds like a senior court, but the ECtHR is a Council of Europe court that applies the Convention, not the interpreter of European Union law.
Both are EU institutions, but the European Council handles human rights treaties while the Council of Europe sets the EU's political agenda.
Why it is wrong: This wrongly treats both as EU institutions and reverses their functions; the Council of Europe is not an EU body, so the description is doubly incorrect.
The European Council, which brings together heads of state or government to set strategic priorities
Why it is wrong: The European Council sets broad political direction and priorities, but it does not draft or formally propose specific legislative texts.

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