European Union Law in Finnish Courts: Tracing the Case-law

Abstract

European Union law can be examined at Union level and at Member State level. While the research of case law at an EU level is greatly facilitated by well-indexed databases maintained by the CJEU and EurLex, access to national case law is more complicated due to absence of similarly well-organised sources. This article expands on a line of inquiry introduced in my recent book setting out the application of EU law by selected Finnish courts during the first 30 years of EU membership (1995-2024). The article proposes first a hierarchical order of four concentric circles of national case law applying EU law. Second, it applies a system of three categories of cases – clear, unfolding and latent EU cases – to help identify and organise national case law. The categorisation can be helpful in identifying national case law which is relevant to the EU, as much of it may otherwise remain undiscovered. The national courts and their case law are essential in enforcing rights stemming from EU law.