A Mechanism of Constitutionalization : The Preliminary Rulings Procedure and the (true) Sui Genereis Nature of European Union Law

Sammanfattning: This thesis analyses the preliminary rulings procedure in art. 267 TFEU as a constitutionalizing mechanism of European Union law. It is argued that European Union law has develop in ways that makes it into something more than a traditional international organization – that is has a sui generis nature. This quality is often attributed the doctrine of direct effect and the supremacy of Union law. However, this thesis argues that also the preliminary rulings procedure provides the Union judiciary with mechanisms that are essential for the constitutionalization of European Union law. Moreover, this thesis offers a change of perspective on how to properly analyze the behavior of member states who refer very few cases to the CJEU in the preliminary rulings procedure, with Sweden as the prime example. The argument made is that by referring politically sensitive cases, Swedish courts do invite the Union judiciary to take part in national law, thus acting loyally to the Union institutions.