EU judicial system

This subtopic contains a range of resources on the EU judicial system and the interpretation and enforcement 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 States, while upholding the interests of the EU. The Court of Justice of the European Union interprets EU law in the cases submitted by the Commission and national courts.

Cases heard by the Court of Justice of the European Union include:

  1. preliminary ruling requests from national courts on the interpretation of a point of EU law

  2. proceedings against a Member State’s government for failing to fulfil an obligation under EU law

  3. proceedings by an affected Member State or individual party (or the Council, Parliament or Commission) to annul EU law

  4. proceedings by a Member State against an EU institution for failing to act

  5. direct actions by EU citizens, companies or organisations, which have suffered damage as a result of the action or inaction of the EU

State liability in EU law derives from the fact that EU Member States are

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Latest Public Law News

Judicial Review—High Court quashes decision refusing recusal application (R (Ladybill) v Sheffield Magistrates’ Court & Rotherham Metropolitan Borough Council)

Public Law analysis: The High Court has ruled that the fair-minded and informed observer would be entitled to conclude that there was a real possibility that the decision of a district judge (‘the judge’) in the Magistrates’ Court was likely to be influenced by the desire to decide the Ladybill case in a way which validated, after the event, his earlier decision in a case called Emeraldshaw. The challenge was brought by way of judicial review in respect of the judge’s decision dated 23 May 2024, refusing to recuse himself from hearing proceedings between Ladybill and Rotherham Borough Council (‘the interested party’). Prior to that the judge had handed down a decision dated 21 March 2024 in the case of Sheffield City Council v Emeraldshaw Ltd, which was a claim by the council for payment of non-domestic rates alleged to be owing in respect of periods between June 2021 and November 2022. The judge found that Emeraldshaw was liable to pay the rates and Emeraldshaw sought to challenge the decision by way of judicial review. Emeraldshaw and Ladybill are companies within the MCR Property Group. Developments in the Emeraldshaw case later catalysed an application made on behalf of Ladybill that the judge should recuse himself from hearing the Ladybill case. The High Court found that there was a real possibility that the judge was biased. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.

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