primärrätten

Primärrätten, in the context of European Union law, refers to the EU’s fundamental legal framework. It consists primarily of the founding treaties and their amendments, such as the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), together with general principles of EU law developed by the Court of Justice of the European Union and, when applicable, the Charter of Fundamental Rights. These sources establish the purposes, powers, institutions, and basic rights that guide the Union’s activities.

As the highest level in the EU legal order, primärrätten takes precedence over secondary EU law (such as regulations, directives, and decisions) and over inconsistent national law. This primacy means that where national law conflicts with EU primary law, the national provision must be disapplied. The doctrine of primärrätten is closely tied to doctrines like the supremacy of EU law, established in case law such as Costa v. ENEL and Van Gend en Loos, and further developed to include the idea that certain primary-law provisions may have direct effect and confer rights on individuals.

Primärrätten defines the allocation of competences between the Union and its member states, the institutional framework of the EU, and the fundamental principles governing EU action. It also underpins the protection of fundamental rights within EU law, notably through the Charter of Fundamental Rights, which, while part of the primary framework, operates within the Union’s competences.

National courts are required to interpret national law in light of primärrätten and, where necessary, to set aside conflicting national provisions. The European Court of Justice ensures uniform interpretation and application of primärrätten across member states.