Sweden on trial - The Control of Member States in the EU

In the European Union's fifty-years, the relationship between the ECJ and the member state's national courts has had a crucial significance and constantly been a subject to discussion and criticism.Therefore it brought a lot of attention when the Commission opened an infringement case regarding the Swedish Supreme Courts reluctance to request preliminary rulings from the ECJ.

This report, presented at the European Forum in Hässleholm 2006, addresses the infringement procedure in a Swedish perspective and what impact it may have in the future, particularly with regard to national courts application of EC law.

The report notes that the European court system has changed in recent years. The ECJ has gotten an increasingly superior role and the Commission verifies that national courts interpret EC law correctly, which has been interpreted as an expression of centralization. It can, however, argued by the authors of the report, rather than be a sign of an ongoing - and less often discussed - be a sign of decentralization of EC law.

The report was presented at the seminar Sweden, the EU and Community Law and is a part of the research project The Swedish Administrative Model and the EU.

icon 2006:3 Sverige inför rätta - Kontrollen av medlemsstaterna i Europeiska unionen (510.76 kB)