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

Commission proposes extension of interim rules on child sexual abuse detection

The European Commission has proposed extending the Interim Regulation allowing certain online communication service providers to continue voluntarily detecting, reporting and removing child sexual abuse material on their services across the EU, to avoid a legislative gap when the current regime expires on 3 April 2026. The proposal would extend the temporary derogation from parts of Directive 2002/58/EC (e-Privacy Directive) until 3 April 2028, pending agreement on the Commission’s long-term draft Regulation to prevent and combat child sexual abuse first proposed in May 2022. The Commission has said the extension is necessary to ensure continued protection of children and effective law enforcement action while negotiations on permanent rules continue. The proposal now requires adoption by the European Parliament and the Council.

Council of the EU approves Common Agricultural Policy simplification package

The Council of the EU has given final approval to the Common Agricultural Policy (CAP) simplification package, known as 'Omnibus III', which amends the strategic plan regulation and horizontal regulation on agricultural policy. The legislation, proposed by the Commission in May 2025, aims to reduce administrative costs by up to €1.6bn annually for farmers and over €200m for member states. The package allows crisis payments for farmers affected by natural disasters, provides flexibility on environmental standards for organic farms, and reduces on-the-spot checks. The act will be published in the EU's official journal within days and enter into force the following day.

Medical devices to get softer AI compliance regime, European Commission proposes

MLex: Manufacturers of medical devices would see compliance with the EU AI Act's high-risk regime eased under a European Commission proposal. Part of a broader update to medical-device laws, it reflects longstanding industry concerns and would lower regulatory burdens for the medical technology sector if confirmed by the European Parliament and Council of the EU.