Monographs
From International to Federal Market: The Changing Structure of European Law
(Oxford University Press, 2017)
(Oxford University Press, 2017)
Summary: 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.
Academic 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 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, 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).
This monograph was a runner-up to ICON-S’ Best Book Award” in 2019.
Academic 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 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, 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).
This monograph was a runner-up to ICON-S’ Best Book Award” in 2019.
Foreign Affairs and the European Constitution: Selected Essays
(Cambridge University Press, 2014)
(Cambridge University Press, 2014)
Summary: Foreign affairs are 'border' affairs - in a geographical and a constitutional sense. They are traditionally subject to distinct constitutional principles, for the political questions posed might not be susceptible to legal answers. And yet, in our globalized world, the orthodox distinction between 'internal' and 'external' affairs has lost much of its clarity. The contemporary world is an international world - a world of collective trade agreements and collective security systems. The European Union - as a union of States - embodies this collective spirit on a regional international scale. But what is the relationship between this new European legal order and the old legal order of international law? When can the Union act on the international scene and, if so, how? Foreign Affairs and the EU Constitution brings together a collection of outstanding essays on external relations written by one of the leading constitutional scholars of the European Union.
Academic Reviews: “Schütze sheds new light on old doctrinal questions and does so in great style: these essays are lucid and provocative, well-informed both when it comes to EU law and international law, and simply a pleasure to read.” (Jan Klabbers, Helsinki University); “An excellent collection of connected essays on fundamental questions related to the coming of age of the EU as a global actor.” (Ramses Wessel, University of Groningen).
Academic Reviews: “Schütze sheds new light on old doctrinal questions and does so in great style: these essays are lucid and provocative, well-informed both when it comes to EU law and international law, and simply a pleasure to read.” (Jan Klabbers, Helsinki University); “An excellent collection of connected essays on fundamental questions related to the coming of age of the EU as a global actor.” (Ramses Wessel, University of Groningen).
From Dual to Cooperative Federalism: The Changing Structure of European Law
(Oxford University Press, 2009)
(Oxford University Press, 2009)
Summary: What is the federal philosophy inspiring the structure of European law? The federal principle stands for constitutional arrangements that find "unity in diversity". The two most influential manifestations of the federal principle emerged under the names of "dual" and "cooperative" federalism in the constitutional history of the United States of America. Dual federalism is based on the idea that the federal government and the State governments are co-equals and each is legislating in a separate sphere. Cooperative federalism, on the other hand, stands for the thought that both governments legislate in the same sphere. They are hierarchically arranged and complement each other in solving a social problem. Can the European Union be understood in federal terms? The book's general part introduces three constitutional traditions of the federal idea. Following the American tradition, the European Union is defined as a Federation of States as it stands on the "middle ground" between international and national law. But what federal philosophy has the European Union followed? The special part of the book investigates the structure of European law. Three arguments are advanced to show the evolution of the European legal order from dual to cooperative federalism. The first looks at the decline of constitutional exclusivity on the part of the Member States and the European Union. For almost all objects of government, the Union and its States operate in a universe of shared powers. The second argument analyses the decline of legislative exclusivity. European and national legislation - increasingly - complement each other to solve a social problem. The third argument describes the "constitutionalisation" of cooperative federalism in the form of the principle of subsidiarity and the idea of complementary competences. A final Chapter is dedicated to Europe's foreign affairs federalism. It analyses, whether the external sphere must be regarded as subject to different constitutional or federal principles. The book concludes that cooperative federalism will benefit both levels of government - the Union and the Member States - as the constitutional mechanism of uniform European standards complemented by diverse national standards best expresses the federal idea of "unity in diversity".
Reviews: The book won the “Best Book” award of the University Association for Contemporary European Studies (UACES). The book has also been reviewed in English, Italian, Polish and Romanian law journals. In Romania, the book gave rise to a special conference organised by the Romanian Academy (http://www.juridice.ro/wp-content/uploads/2011/01/Raport-CSDE-2010.pdf). The book was praised (among others) by the Common Market Law Review, [2010] 47 C.M.L. Rev. 1258; the European Constitutional Law Review, [2011] 7 ECL Rev. 325; the European Journal of International Law, [2010] 21 EJIL 1123; European Public Law, [2011] 17 EPL 771; Europejski Przeglad Sadowy, (2011) 8 EPS 54, the Journal of Common Market Studies, [2010] 48 JCMS 1152; Publius: The Journal of Federalism, [2011] 41 Publius 349; Rivista Italiana di Diritto Pubblico Comunitario, [2011] IDPC 1039, Revista Română de Drept European, [2010] 3 RRDE 203; and Western European Politics, [2011] 34 WEP 1148. The book has been extensively quoted in the literature.
Reviews: The book won the “Best Book” award of the University Association for Contemporary European Studies (UACES). The book has also been reviewed in English, Italian, Polish and Romanian law journals. In Romania, the book gave rise to a special conference organised by the Romanian Academy (http://www.juridice.ro/wp-content/uploads/2011/01/Raport-CSDE-2010.pdf). The book was praised (among others) by the Common Market Law Review, [2010] 47 C.M.L. Rev. 1258; the European Constitutional Law Review, [2011] 7 ECL Rev. 325; the European Journal of International Law, [2010] 21 EJIL 1123; European Public Law, [2011] 17 EPL 771; Europejski Przeglad Sadowy, (2011) 8 EPS 54, the Journal of Common Market Studies, [2010] 48 JCMS 1152; Publius: The Journal of Federalism, [2011] 41 Publius 349; Rivista Italiana di Diritto Pubblico Comunitario, [2011] IDPC 1039, Revista Română de Drept European, [2010] 3 RRDE 203; and Western European Politics, [2011] 34 WEP 1148. The book has been extensively quoted in the literature.
Edited Collections
Oxford Principles of European Union Law: Volume II – The Internal Market
with Takis Tridimas.
Oxford University Press, 2026
Oxford University Press, 2026
Summary: The creation of a common market has been at the heart of the European integration process since the establishment of the European Economic Community in 1957; and it remains central to the European Union today. Building on the first volume of the Oxford Principles of European Law, this treatise provides a systematic analysis of the legal principles governing the establishment and functioning of the EU internal market.
Spanning thirty-six chapters, Volume II: The Internal Market thus brings together distinguished academics and practitioners to analyse all aspects of the EU internal market. Part I explores the history and nature of the EU internal market, focusing on international, historical, comparative, and constitutional perspectives. Part II and Part III examine the free movement of goods, both as regards the general rules setting the tone for EU market integration at large as well as its special rules on important policy areas, such as the Common Agricultural Policy. Part IV explores the free movement of persons and Part V discusses the freedom of services and the free movement of capital. Part VI looks at positive integration through Union harmonization and private standard setting. Finally, Part VII deals with the 'external' aspects of the EU internal market and discusses the extent to which the Union has widened its market to non-Member States.
Completely up to date with the most recent case law, this book will be invaluable to academics and practitioners in EU and international economic law.
Comparative International Law
by Schütze & Siems (eds).
Hart, 2026
Hart, 2026
Summary: The modern field of comparative international law emerged in the last century, but it still suffers from a lack of intellectual and methodological foundations. This ambitious collection fills that gap.
It examines the key concepts of comparative international law, including its historical and critical perspectives. Contributors from a wide geographical range present their diverse and thought-provoking views on international and comparative law. This is a much-needed and cutting-edge book on an undervalued yet topical field of research.
Landmark Cases in European Union Law – Volume 1: Constitutional Cases
by Craig & Schütze.
Hart, 2025
Hart, 2025
Summary: From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes.
These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today.
Volume 1 explores the 'constitutional' cases that have come to define the legal nature and competences of the Union, its judicial architecture as well as its fundamental rights system. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.
Landmark Cases in European Union Law – Volume 2: Substantive Cases
by Craig & Schütze.
Hart, 2025
Hart, 2025
Summary: From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes.
These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today.
Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.
EU Fiscal Federalism: Past, Present and Future
by Hinarejos & Schütze.
Oxford University Press, 2023
Oxford University Press, 2023
Summary: Fiscal federalism refers to the division of fiscal powers — powers to tax and spend — between different levels of government. The European Union (EU) is often seen as a legislative giant on clay feet, and one of the principal reasons for this feebleness is the lack of a significant fiscal capacity at the Union level.EU Fiscal Federalism: Past, Present, Future explores ten aspects of the EU's fiscal constitution relating both to the fiscal limits it imposes on Member States and the evolution of its own fiscal policy. Bringing together an international and distinguished group of scholars, this volume analyses the different legal dimensions of fiscal federalism within the EU, from the various aspects of the single market (free movement, banking union, state aid, tax harmonization) to the EU's budget and Economic and Monetary Union. The essays provide a fascinating overview of the topic as well as a detailed analysis of where EU fiscal federalism stands today and how it might develop in the future. Sweeping and thorough, EU Fiscal Federalism will appeal to academics and students of European Union law as well as to European policymakers.
The Cambridge Companion to Comparative Constitutional Law
by Masterman & Schütze.
Cambridge University Press, 2019
Cambridge University Press, 2019
Summary: What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.
Globalization and Governance: International Problems, European Solutions
by Schütze.
Cambridge University Press, 2018
Cambridge University Press, 2018
Summary: While it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.
The United Kingdom and the Federal Idea
by Schütze & Tierney.
Hart Publishing, 2018
Hart Publishing, 2018
Summary: How should political power be divided within and among national peoples? Is the nineteenth-century theory of the sovereign and unitary State still fit for purpose in the twenty-first century? If not, can federalism provide a viable alternative model? This collection looks at federalism from the perspective of constitutional law. Taking the United Kingdom as a case study, Part One tracks the historical evolution of the 'Union' and explores the various expressions of federalism that emerged between the eighteenth and twentieth centuries. Part Two then assesses the experience of sovereignty-sharing with other nations in the context of international cooperation. Drawing on the expertise of the foremost commentators in their field, The United Kingdom and the Federal Idea provides a timely and reflective evaluation of how constitutional authority is being re-ordered within and beyond the United Kingdom.
Oxford Principles of European Union Law – Volume 1: The European Union Legal Order
by Schütze & Tridimas.
Oxford University Press, 2018
Oxford University Press, 2018
Summary: Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.
EU Treaties and Legislation – Second Edition
by Schütze.
Cambridge University Press, 2018
First Edition: 2015
Cambridge University Press, 2018
First Edition: 2015
Summary: This fully updated text is a collection of the essential primary and secondary law of the European Union that quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union's primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies, namely: the EU institutions, the internal market, competition law, social policy and consumer protection. Lisbon numbering is used throughout, and colour-coded content will facilitate easy navigation. An annex contains all relevant UK statutes - from the 1972 European Communities Act to the 2017 European Union (Withdrawal) Bill. This update takes Brexit into account, with a new section providing an overview of the Brexit-relevant British statutes.
The European Union and Global Emergencies
by Antoniadis, Schütze, & Spaventa.
Hart Publishing, 2011
Hart Publishing, 2011
Summary: This collection of essays analyses the European Union's involvement in global emergencies from a law and policy perspective. Bringing together leading academics and officials from the European Union institutions, the book offers an expert account of the theoretical and practical issues the EU faces when dealing with global emergencies. The subjects covered are highly topical and include the financial and debt crises, regional security and the fight against terrorism, public health and food scares, human trafficking and energy security.
Journal Special Issues
Brexit: Past, Present, Future – Special Issue
by Schütze & Staiger.
Global Policy Journal, 2022
Global Policy Journal, 2022
Democracy Beyond Political Borders – Special Issue
by Held & Schütze.
Global Policy Journal, 2017
This special issue resulted from a conference organized by the Global Policy Institute (Durham) and LUISS (Rome) that took place in July 2015.
Global Policy Journal, 2017
This special issue resulted from a conference organized by the Global Policy Institute (Durham) and LUISS (Rome) that took place in July 2015.
15 Cambridge Yearbook of European Legal Studies
by C. Barnard, M. Gehring & R. Schütze.
2012-13 approx. 900 pp.
2012-13 approx. 900 pp.