Glossary Updates22 new terms added to the glossaries · October 21, 2026, 12:39 CEST
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Glossary · Rule layers and human rights

Primacy of EU law

Also known as: Supremacy of EU law, Primacy of Union law

German: Vorrang des Unionsrechts

The primacy of EU law is the principle, developed by the Court of Justice of the European Union since Costa v E.N.E.L. (1964), that Union law takes precedence over conflicting national law of the member states, so that national courts and authorities must leave a conflicting national provision unapplied.

  • AI regulation
  • EU

In one sentence

Primacy of EU law: Union law prevails over conflicting national law. How it works for the AI Act and where national constitutional courts set limits.

Example

A national rule that set different transparency duties for chatbots covered by Article 50 of the AI Act would have to be left unapplied where it conflicts with the regulation.

Explained in context

Context cards connect this term with others to answer one question. Also in British English and German.

How it applies

  • Regulations apply directly. A regulation such as the EU AI Act is binding in its entirety and directly applicable in all member states (Article 288 TFEU); it needs no transposition. Directives, such as the Product Liability Directive (EU) 2024/2853, bind the member states as to the result and take effect through national law.
  • Primacy is a rule of application. A conflicting national provision is not void; it is left unapplied in the case at hand. The principle is case law of the Court of Justice and is recalled in Declaration 17 annexed to the Treaty of Lisbon; it is not written in the treaties themselves.
  • National constitutional reservations. Several national constitutional courts accept primacy on the basis of their own constitutions and reserve a review of their constitutional identity and of acts beyond the EU's competences. The German Federal Constitutional Court did so in its Lisbon judgment of June 30, 2009 (2 BvE 2/08), with reference to Article 23 and Article 79(3) of the Basic Law. How the two views fit together is debated; this entry states both and decides neither.
  • For documentation: Name the legal order a statement comes from. A duty from the AI Act is the same in every member state; national rules can add to it only where the regulation leaves room.

External references

By knowledge.aitechdoc.world · Published October 12, 2026 · Last reviewed

Source: Court of Justice, Case 6/64 Costa v E.N.E.L., judgment of July 15, 1964

Definitions follow the cited standards and specifications. Where a source is a copyrighted publication, such as an ISO, IEC or EN standard, the definition is a close paraphrase, not a verbatim quotation, so as not to infringe copyright. We recommend reading the original publication. The sections “How it applies” are editorial commentary by AI TechDoc Knowledge and are not part of any standard.

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