Overview

"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."

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9780198803379

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Reviews

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 Schutze traces the EU's choices and persuasively explains the EU internal market's development from an international to a federal model. Stephen Weatherill, Professor of European Law, University of Oxford An excellent analysis of the theoretical, practical and historical aspects of this subject, including an in-depth comparison with US law Peter Oliver, Visiting Professor, Universite Libre de Bruxelles & Barrister, Monckton Chambers This innovative book places the construction of internal markets in historical and comparative perspective. Schutze focuses on the shift from bilateralism to multilateralism, as well as demonstrating how fiscal and regulatory barriers generate constitutional principles that reflect evolving historical conceptions of federalism, markets and competences. Michelle Egan, Professor, School of International Service, American University

`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.' Stephen Weatherill, Professor of European Law, University of Oxford `An excellent analysis of the theoretical, practical and historical aspects of this subject, including an in-depth comparison with US law' Peter Oliver, Visiting Professor, Université Libre de Bruxelles & Barrister, Monckton Chambers `This innovative book places the construction of internal markets in historical and comparative perspective. Schütze focuses on the shift from bilateralism to multilateralism, as well as demonstrating how fiscal and regulatory barriers generate constitutional principles that reflect evolving historical conceptions of federalism, markets and competences.' Michelle Egan, Professor, School of International Service, American University

Author Information

Robert Schütze is the Professor of European Law at Durham University, and Visiting Professor at the College of Europe (Bruges) and LUISS Guido Carli (Rome).

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