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Books > Law > Jurisprudence & general issues > Comparative law
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From Dual to Cooperative Federalism - The Changing Structure of European Law (Hardcover)
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From Dual to Cooperative Federalism - The Changing Structure of European Law (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 10 - 15 working days
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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'.
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