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  • 1.
    Petersson, Sofie
    Linnaeus University, Faculty of Business, Economics and Design, Linnaeus School of Business and Economics.
    Svensk domstols hantering av EU-rätten: domstolens skyldigheter gentemot EU och faktiska genomförande av dessa2010Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
    Abstract [en]

    Since Sweden joined EU in 1995 many things has changed in the Swedish legal order. This has led to several new obligations for the Swedish courts. There have been a number of changes in Swedish law of procedure, and fundamental principles of law set down by EU, like the principle of direct effect of EU law and its precedence over national law, has presented many challenges before the national courts.

    The most fundamental obligation of the Swedish courts to EU is the duty to make a reference for a preliminary ruling to the European Court of Justice (ECJ). The courts of last instance are obligated to do this in any case where they are insecure of the appropriate application of EU-law. There are only two exceptions to this rule, namely when the ECJ already has ruled in an identical matter (acte éclairé) and in cases where the national court feels that the correct interpretation of the rule of law in question is obvious (acte clair).

    These obligations have lead to a number of problems for the Swedish courts. The Commission has criticized Sweden because of the national courts of last instance unwillingness to request preliminary rulings.

    Whether EU should toughen up and take action against the national courts disobedience or if the criteria for when an obligation to make a reference for a preliminary ruling should get more flexible is constantly discussed at this time. There are several things that speaks for both of these developments and that makes this a very interesting topic to study.

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