From International to Federal Market
The Changing Structure of European Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 27 July 2017
- ISBN 9780198803379
- Binding Hardback
- No. of pages378 pages
- Size 241x165x26 mm
- Weight 722 g
- Language English
- Illustrations 8 figures, 1 table 0
Categories
Short description:
What are the different market philosophies or models that shape the European Union's internal market? This book proposes three models: an international model, a federal model and a national model; and argues that the structure of the EU internal market has moved from an international to federal model.
MoreLong description:
What are the different market types that shape the European Union's internal market? Schütze 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, while retaining 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 in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed.
Schütze'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-depth analysis 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 de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters.
This is the second volume in Schütze'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 positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.
The intensity of economic integration is measured by the extent to which State regulatory autonomy is surrendered to the discipline of agreed rules. In this insightful book Schütze traces the EU's choices and persuasively explains the EU internal market's development from an international to a federal model.
Table of Contents:
Introduction: Coming to Constitutional Terms
General Part: International and Federal Markets
International Law and Market Coordination
The "Classic" Model: The Mercantilist State and its National Market
The "Modern" Model: The Cooperative State in the Global Market
American Law and Market Integration
Creating a Common Market: Regulatory Barriers to Trade
Fiscal Barriers: A Fiscal Affairs 'Exception'?
Special Part: The Changing Structure of European Law
The Decline of the International Model
Creating the European Market: A Constitutional Overview
Europe's "Dormant Commerce Clause": Article 34 TFEU
The Rise of the Federal Model I
Doctrinal Divergences: From Cassis to Keck
Types and Tests: The Post-Keck Doctrinal Framework
The Rise of the Federal Model II
Special Jurisprudential Regimes: Which Model?
General Exemptions and Justifications: Form and Substance
Excursus: A Fiscal Affairs Exception?
Customs Duties: A National Market Model
Internal Taxation: An International Market Model
Conclusion: Europe's Gemeinweg towards a Federal Market
Epilogue: Courts and Free Markets - The Legitimacy Question
Caperucita Roja: La novela grafica/ The Graphic Novel
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