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:

•
preliminary ruling requests from national courts on the interpretation of a point of EU law
•
proceedings against a Member State’s government for failing to fulfil an obligation under EU law
•
proceedings by an affected Member State or individual party (or the Council, Parliament or Commission) to annul EU law
•
proceedings by a Member State against an EU institution for failing to act
•
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

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 Public Law News

Spain can’t use immunity to block translators bias case

Law360: Spain cannot rely on state immunity to overturn a translator's harassment and discrimination claim, the Court of Appeal has ruled, finding that the conduct complained of was not part of a governmental activity.

IfG analyses government’s increased investment in deprived councils

The Institute for Government (IfG) has published an analysis of the government's December 2024 local government finance settlement, which allocates more funding to deprived areas. The analysis indicates a 3.5% real-terms increase in core spending power for 2025/26, with the most deprived councils receiving increases of up to 6.4%, compared to 3% for the least deprived. This is largely due to a new £600m 'Recovery grant'. However, the IfG notes that this single year's allocation cannot fully rectify over a decade of funding disparities, emphasising that it will take years to completely rebalance local authority finances. The most deprived councils have experienced a 20.1% real-terms funding cut from 2010/11 to 2024/25, which will only marginally improve to 15.3% by 2025/26 under the new settlement. While the settlement is seen as a positive step, the IfG highlights that rising costs, such as increases in National Insurance contributions and the National Living Wage, may counteract these gains. The government has also announced a consultation on further funding reforms for 2026/27 onwards, with the IfG concluding that these changes represent the beginning of efforts to address the local government finance crisis.

IMA investigates EU citizens' rights challenges in Northern Ireland

The Independent Monitoring Authority (IMA) has conducted a fact-finding mission to Belfast, and found a number of challenges faced by EU, EEA, and EFTA citizens in Northern Ireland (NI). The investigation revealed a disproportionately high rate of EU Settlement Scheme (EUSS) refusals in NI, at 21% compared to 9-14% elsewhere in the UK. Key issues identified include difficulties in providing evidence of residency, lack support for EUSS applications, and limited access to immigration legal advice. The IMA also highlighted concerns regarding impromptu checks around the border between Northern Ireland and Ireland leading to some detentions of persons prior to removal where they ‘struggle to prove their rights yet have no access to advice’, and healthcare access problems stemming from misunderstandings about EUSS status. The visit also found a lack of awareness about the requirements for continuous residence, including that some EU citizens had been unknowingly crossing the border into Ireland for prolonged periods, unaware that this could have implications for their ongoing eligibility under the EUSS.

MoJ appoints new Chair for Independent Monitoring Authority

The Ministry of Justice (MoJ) has announced the appointment of Nicole Lappin as the new Chair of the Independent Monitoring Authority (IMA), commencing 1 January 2025 for a four-year term. The IMA, established under the EU (Withdrawal Agreement) Act 2020, is tasked with monitoring the implementation of citizens' rights provisions in the UK's Withdrawal Agreement with the EU and Separation Agreement with EEA EFTA states. The authority possesses significant powers, including the ability to receive complaints, launch inquiries and initiate or intervene in legal proceedings. Lappin, an experienced public sector leader with a background in law and regulation, will oversee the IMA's mandate to review the effectiveness of the legislative framework relating to citizens' rights and address systemic issues in their implementation.