EU Law Barometer

National Peak Courts and EU Law

Because of their regulatory function within domestic judiciaries, peak courts--i.e. supreme and constitutional courts--are pivotal to the domestic enforcements of EU law. Article 267 TFEU mandates that courts of last resort have the obligation to submit a preliminary reference to the European Court of Justice when the interpretation of EU rules is unclear. In most member states, peak courts now account for the largest share of references passed on to the Court of Justice.