EU judicial system

This subtopic contains a range of resources on the EU judicial system and the interpretation and enforcement of EU law.

A fundamental principle of EU law is the supremacy of EU law, also known as the primacy of EU law. Under this principle in the event of a conflict between EU law and national law, EU law is supreme and has primacy, irrespective of the source, status or date of the national law in question. Thus, EU law is also supreme over domestic constitutional provisions in the event of any conflict, but this has not been established without some concerns being raised by constitutional courts within the Member States. As originally drafted, the EU Treaties did not include any provision by which the supremacy of EU law was guaranteed. The Court of Justice has played a fundamental role in applying this principle and ensuring the uniform application of EU law across the Member States. For further reading, see Practice Note: The supremacy of EU law.

The European Commission’s role as 'Guardian of the Treaties' is to control the correct application of EU law across EU Member

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Latest EU Law News

European Commission adopts delegated regulation on EMIR active account requirements

The European Commission has adopted a delegated regulation supplementing article Article 7a of the European Market Infrastructure Regulation (Regulation (EU) No 648/2012) (EMIR) (as introduced by Regulation (EU 2024/2987) (EMIR 3)) containing regulatory technical standards (RTS) for active account requirements. The delegated regulation implements EMIR 3 provisions intended to reduce financial stability risks from EU exposure to third-country central counterparties by requiring certain counterparties to maintain operational active accounts at EU CCPs. The rules establish operational conditions including IT connectivity and stress testing requirements, representativeness obligations for euro and Polish zloty interest rate derivatives, and six-monthly reporting requirements to competent authorities.

Commission publishes updated clinical trials guidance package

The European Commission's Directorate-General for Health and Food Safety has published a comprehensive package of updated clinical trials guidance documents, all endorsed by the Clinical Trials Coordination and Advisory Group (CTAG) on 15 October 2025. The package includes new recommendations on criteria for selecting a reporting Member State under Article 85(2)(c) of the Clinical Trials Regulation, establishing a workshare criterion when proposed reporting Member States decline the role, which occurs in approximately 30% of applications. The Commission has updated its recommendation paper on decentralised elements in clinical trials (Version 02), superseding the December 2022 version, with revised national provision overviews and guidance on informed consent, investigational medicinal product delivery, and remote monitoring. A new recommendation paper addresses frequent issues identified during Part I and Part II assessments, based on feedback from national competent authorities and ethics committees, covering investigational medicinal product dossiers, protocols, and safety reporting. The package also includes revised guidance on auxiliary medicinal products, effective 1 December 2025 for new applications, featuring an updated classification system distinguishing between authorised, modified authorised, and unauthorised auxiliary medicinal products with corresponding application and safety reporting requirements.

Commission opens consultation on draft EU design IP procedures regulation

The European Commission has published a draft delegated regulation establishing rules for EU design-related intellectual property procedures managed by the European Union Intellectual Property Office. The regulation supplements Regulation (EC) No 6/2002 and replaces the existing Commission Implementing Regulation (EC) No 2245/2002, as required by Regulation 2024/2822 to align Regulation (EC) No 6/2002 with Articles 290 and 291 of the Treaty on the Functioning of the EU. The Commission plans to adopt the regulation in the first quarter of 2026. The consultation period runs from 29 October 2025 to 26 November 2025.

European Commission adopts Communication on the CRR

The European Commission has adopted a Communication on the prudential treatment of investment in equities by banks under legislative programmes in the Capital Requirements Regulation (CRR). The Communication aims to ensure the consistent application of this provision across the single market and ultimately increase equity investment while maintaining the soundness of the banking sector. The Communication also establishes a dedicated registry that will be made available on the Finance website to provide transparency on legislative programmes that meet the criteria of CRR.