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.
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.
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.
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).
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.