Commissioner Michael McGrath, in a 27 July 2026 answer to a parliamentary question by MEP Marion Walsmann, defended the current EU legal framework on preliminary rulings, asserting that the absence of a specific judicial remedy for wrongful non-referral by national courts of last instance is compatible with EU treaties, while reiterating the Commission's power to act against systematic breaches.
McGrath, answering on behalf of the European Commission, stated that under Article 19(1) TEU, Member States are responsible for establishing legal remedies ensuring effective judicial protection. He referenced the CILFIT and Remling judgments, which require courts of last instance to refer questions to the Court of Justice of the European Union (CJEU) except in exceptional circumstances, and to provide reasons for non-referral. The Commissioner argued that the existing system of national remedies, combined with the Commission's ability to launch infringement proceedings under Article 258 TFEU for structural deficits or systematic breaches, provides sufficient safeguards. He did not propose any new EU-level remedy or legislation, instead reaffirming the Commission's monitoring role and its willingness to act when Member States adopt legislation preventing proper judicial cooperation or when evidence points to systematic non-compliance.
The answer, which largely restates positions from earlier replies to questions E-000611/2026 and E-004470/2025, offers no concrete proposals, numerical targets, or deadlines. It signals that the Commission sees no need for legislative change, leaving the matter to national procedural autonomy and the CJEU's case law. Institutional follow-up is limited to continued monitoring and potential infringement actions, with no timeline specified.