Serving Two Masters: CJEU Case Law in Swedish First Instance Courts and National Courts of Precedence As Gatekeepers

20 Pages Posted: 14 Apr 2017

See all articles by Mattias Derlén

Mattias Derlén

Department of Law, Umeå University

Johan Lindholm

Umeå University

Date Written: March 31, 2017

Abstract

The paper seeks to determine to what extent lower national courts are influenced by higher national courts in their application of CJEU case law. In doing so, we study and compare references to CJEU case law in the jurisprudence of Swedish courts of first instance and courts of precedent.

We find that Swedish courts of first instance generally speaking identify and apply relevant CJEU case law independent of whether this has been dealt with by Swedish CoP or not. However, when these courts find and cite a Swedish court of precedent decision concerning an issue relating to EU law, they do not consistely consider relevant CJEU case law.

Keywords: EU Law, empirical legal science, European Court of Justice, Court of Justice of the European Union, CJEU

Suggested Citation

Derlén, Mattias and Lindholm, Johan, Serving Two Masters: CJEU Case Law in Swedish First Instance Courts and National Courts of Precedence As Gatekeepers (March 31, 2017). Available at SSRN: https://ssrn.com/abstract=2952783 or http://dx.doi.org/10.2139/ssrn.2952783

Mattias Derlén

Department of Law, Umeå University ( email )

Samhallsvetarhuset, Plan 2
Umea University
Umeå, SE 901 87
Sweden

Johan Lindholm (Contact Author)

Umeå University ( email )

Umeå University
Department of Law
Umeå, Umeå 901 87
Sweden
+46907865603 (Phone)

HOME PAGE: http://https://www.umu.se/en/staff/johan-lindholm/

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