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

Commission awards €992m for 15 renewable hydrogen projects across EEA

The European Commission has selected 15 renewable hydrogen production projects across five European Economic Area (EEA) countries for €992m in funding from the Innovation Fund, sourced from the EU Emissions Trading System. The projects are expected to produce 2.2 million tonnes of renewable hydrogen over ten years, avoiding more than 15 million tonnes of CO₂ emissions. The projects will receive fixed premium support between €0.20 and €0.60 per kilogramme, with three maritime sector projects receiving €96.7m in dedicated funding. Grant agreements are expected to be signed by September/October 2025, with projects required to reach financial close within 2.5 years and begin production within 5 years. A third European Hydrogen Bank auction is planned for end 2025 with a €1bn budget.

Gender identity and the right to rectification of personal data (VP v Országos Idegenrendészeti Főigazgatóság)

EU Law analysis: The Court of Justice has held that personal data relating to gender identity on the public registers of a Member State must be subject to the right to rectification under Article 16 of the General Data Protection Regulation, Regulation 2016/679 (EU GDPR). Rectification may require production of relevant and sufficient evidence reasonably required to establish the inaccuracy, which may include medical certificates. However, a Member State may not make the exercise of the right of rectification conditional on evidence of gender reassignment surgery. Further, any restrictions on Article 16 rights in this regard must also comply with Article 23 of the EU GDPR and must be established by legislative measures and not by administrative practice. Importantly, the Court of Justice looked at data accuracy within the broader context of fundamental rights, especially the rights to personal integrity and privacy. In doing so, it expanded protections for transgender people by referring to gender identity, rather than relying on the traditional focus on gender reassignment. Written by Gaelyn Fuhrmann, Legal Director at Wiggin LLP.

Commission presents EU Single Market Strategy

The European Commission has published a new Single Market Strategy, with the aim of creating a more simple, seamless and strong European home market.

EBA publishes first part of its 2024 annual report

The European Banking Authority (EBA) has published the first part of its 2024 annual report, detailing the principal activities undertaken under its work programme. In 2024, the EBA completed over 93% of its tasks, focusing on advancing Basel III reforms to enhance bank resilience and strengthen the financial system. The report describes the revision of the Single Rulebook through updated guidelines and technical standards addressing credit, market, and operational risks. It also outlines the integration of sustainable finance into prudential frameworks, in alignment with the European Green Deal, through the publication of guidelines and reports on environmental, social, and governance risks, greenwashing, and scenario analysis. A consolidated version of the annual report, providing a comprehensive account of the EBA’s activities in 2024, has been scheduled for publication by the end of June 2025.