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

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