From International to Federal Market: The Changing Structure of European Law by Robert SchutzeFrom International to Federal Market: The Changing Structure of European Law by Robert Schutze

From International to Federal Market: The Changing Structure of European Law

byRobert Schutze

Hardcover | August 26, 2017

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What are the different market types that shape the European Union's internal market? Schutze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, whileretaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market incompliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Schutze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depthanalysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis deDijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Schutze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positiveintegration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.
Robert Schutze is the Professor of European Law at Durham University, and Visiting Professor at the College of Europe (Bruges) and LUISS Guido Carli (Rome).
Title:From International to Federal Market: The Changing Structure of European LawFormat:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0 inPublished:August 26, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198803370

ISBN - 13:9780198803379

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Table of Contents

Introduction: Coming to Constitutional TermsGeneral Part: International and Federal Markets1. International Law and Market CoordinationI. The "Classic" Model: The Mercantilist State and its National MarketII. The "Modern" Model: The Cooperative State in the Global Market2. American Law and Market IntegrationI. Creating a Common Market: Regulatory Barriers to TradeII. Fiscal Barriers: A Fiscal Affairs 'Exception'?Special Part: The Changing Structure of European Law3. The Decline of the International ModelI. Creating the European Market: A Constitutional OverviewII. Europe's "Dormant Commerce Clause": Article 34 TFEU4. The Rise of the Federal Model II. Doctrinal Divergences: From Cassis to KeckII. Types and Tests: The Post-Keck Doctrinal Framework5. The Rise of the Federal Model III. Special Jurisprudential Regimes: Which Model?II. General Exemptions and Justifications: Form and Substance6. Excursus: A Fiscal Affairs Exception?I. Customs Duties: A National Market ModelII. Internal Taxation: An International Market ModelConclusion: Europe's Gemeinweg towards a Federal MarketEpilogue: Courts and Free Markets - The Legitimacy Question