A Matter of Prescriptive Clarity? Analysing How Swedish Judges' Motives for Action Vary in the Preliminary Ruling Procedure
研究瑞典法官在欧盟法律框架下，根据规定清晰度不同而变化的动机模式，发现清晰时混合考虑规则、政治结果和专业规范，不清晰时主要依赖专业规范。
Abstract This article explores how national judges' reasoning in the preliminary ruling procedure varies depending on the prescriptive clarity of European Union (EU) legal frameworks. Drawing on the logic of appropriateness and the logic of expected consequences, this article formulates hypotheses regarding judges' motivational patterns. Interviews with Swedish judges generate findings that partly corroborate these hypotheses. The findings show that when EU legal frameworks are clear, judges express a mix of considerations, including references to EU rules, expected politico‐strategic outcomes and professional norms. When the clarity of the frameworks is low, judges mainly motivate their decisions by invoking professional norms. In light of these findings, the article proposes a revision of the compliance pull explanation that takes into account how not only formal EU rules but also informal norms of appropriate professional conduct may influence the actions of national judges.