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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest EU Law News

ECHA proposes EU-Wide restrictions on hexavalent chromium substances

The European Chemicals Agency (ECHA) has proposed an EU-wide restriction on certain hexavalent chromium (Cr(VI)) substances to reduce their harmful effects on workers and the public. Developed at the request of the European Commission, the proposal is based on an assessment that identified Cr(VI) as a potent carcinogen linked to lung and intestinal cancers, presenting significant risks to both workers and local communities near industrial sites. The proposal intends to replace the current authorisation requirements under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) framework. It calls for a ban on Cr(VI) substances—with exceptions for specific use categories that meet defined limits for worker exposure and environmental emissions—and includes barium chromate to prevent substitution with similarly hazardous chemicals.

EPC publishes EDS Onboarding and Registration Guide

The European Payments Council (EPC) has released an EDS Onboarding and Registration Guide, offering step-by-step instructions on how the Verification of Payee (VOP) scheme participants and Routing and/or Verification Mechanism (RVM) can register for using the EPC Directory Service (EDS) via the EDS Graphical User Interface (GUI) and Application Programming Interfaces (APIs).

Regulation (EC) 261/2004–Compensation for delay, proof of reservation, travelling free of charge or at reduced fare (M1.R M2.R v AAA sp.z.o.o.)

EU Law analysis: The Court of Justice held that a boarding pass may constitute ‘other proof’ within the meaning of Article 2(g) of Regulation (EC) 261/2004 to indicate that the airline or tour operator accepted and registered the reservation such that the passenger is deemed to have a ‘confirmed reservation’ on the flight, absent any special abnormal circumstance. Furthermore, a passenger is not regarded as travelling free of charge or at a reduced fare not directly or indirectly available to the public pursuant to Article 3(3) where a tour operator pays a market fare to the airline, and the package is paid to the tour operator by a third party. In such circumstances, the airline must prove that the passenger travelled free of charge or at a reduced fare. Written by Kathryn Ward, of counsel at DLA Piper UK LLP.

EBA consults on RTS for real estate risk weights

The European Banking Authority (EBA) is consulting on draft amending regulatory technical standards (RTS) on the types of factors to be considered by national authorities in assessing the appropriateness of real estate risk weights. The review is driven by the revised Capital Requirements Regulation (EU CRR3), which confers a new mandate on the EBA. Responses are sought by 30 May 2025.