In a recent article, Erik Sjödin and Niklas Selberg argue that the Swedish Labour Court (Arbetsdomstolen) can and should be sending more references for a preliminary ruling to the Court of Justice of the European Union in light of the increased Europeanisation of labour law.
It is long documented that courts and tribunals in Denmark, Finland, and Sweden under-refer cases to the CJEU for a number of reasons. But, as they argue, that becomes an increasingly difficult position to sustain in light of the increasing levels of positive law that originate in EU legislation.
A well-argued piece by the authors, which also mention the recent finding of the Supreme Court of Sweden that a lower instance national court had erred in failing to refer a case.
Their article can be read at the following link: https://lnkd.in/ecJw_VbA (på svenska)
Graham Butler