I don’t trust the EU. They want to do this so they can censor domain names more effectively (copyright, “terrorism”…)
The root servers choose to send referrals back for the TLD.
They don't have to. They could answer the query directly, or send a bogus authority record for "example.com", etc.
So, technically, you could create some chaos in the way you're describing if you ran a root server. (Plus the wrinkle of DNSSEC).