Preliminary rulings by the European Court of Justice - Swedish courts' attitude and practice (2010:2)


The Swedish courts are now in a legal system covering the whole of Europe and their practices. In the case of a preliminary ruling from the European Court of Justice, this is central to the EU's impact in Sweden. Over time it has also become more common that Swedish courts requests preliminary rulings, but statistics show that courts are still cautious.

In the SIEPS report "Preliminary rulings by the European Court of Justice - Swedish courts' attitude and practice" Ulf Bernitz, Professor of European Law, shows that the Swedish courts are overly cautious when it comes to referring a case to the European Court of Justice for a preliminary ruling. Bernitz means that it may be a disadvantage to the legal security of the parties in cases involving EU law.

The report is in Swedish, but contains a summary in English.

The report is part of the research project The Swedish Administrative Model and the EU.

icon  Förhandsavgöranden av EU-domstolen Svenska domstolars hållning och praxis (2010:2) (718 kB)

icon Sammanfattning 2010:2 (69.89 kB)

icon Summary 2010:2 (70.67 kB)


Ulf Bernitz is a professor of European Law and the course director forthe master program of European Law at Stockholm University. He is also a visiting professor at Örebro universitet and a Senior Research Fellow at St Hilda's College, University of Oxford and director of the Wallenberg Foundation Oxford / Stockholm Association in European Law, based at the Institute of European and Comparative Law, University of Oxford. Ulf Bernitz engages his research mainly to the EU's relation to national law. He has earlier on SIEPS account written the report Corporate Acquisitions in EU - legal issues for large companies with small domestic market (2003:16).