Duty Primacy Beyond the State: A European Union Application of the Six-Stage Test

[^1]: Van Gend en Loos v Nederlandse Administratie der Belastingen, Case 26/62 [1963] ECR 1; Costa v ENEL, Case 6/64 [1964] ECR 585. [^2]: Opinion 2/13 (Accession of the EU to the ECHR) [2014] EU:C:2014:2454. [^3]: Council Directive 2001/55/EC (Temporary Protection Directive), activated by Council Implementing Decision (EU) 2022/382 (4 March 2022). [^4]: Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget. [^5]: Hungary v Parliament and Council, Case C-156/21; Poland v Parliament and Council, Case C-157/21, judgments of 16 February 2022 (Court of Justice, full court). [^6]: Francovich and Bonifaci v Italy, Joined Cases C-6/90 and C-9/90 [1991] ECR I-5357; Brasserie du Pêcheur SA v Germany and R v Secretary of State for Transport, ex parte Factortame Ltd (No 3), Joined Cases C-46/93 and C-48/93 [1996] ECR I-1029. [^7]: Treaty on the Functioning of the European Union, arts 258–260, 263, 267. [^8]: Bundesverfassungsgericht, Judgment of 5 May 2020, 2 BvR 859/15 (Weiss/PSPP). [^9]: Opinion of Advocate General Ćapeta, Parliament v Commission, Case C-225/24, delivered 12 February 2026. The Court of Justice's final judgment was not yet available as of this Article's most recent revision; an Advocate General's opinion is not binding on the Court. [^10]: Reporting on the 12 April 2026 Hungarian parliamentary election and the 29 May 2026 Commission–Hungary agreement drawn from contemporaneous news coverage (Reuters, Al Jazeera, Courthouse News, Stratfor); figures should be cross-checked against the Commission's own published decision once issued