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From International to Federal Market - The Changing Structure of European Law (Hardcover)
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From International to Federal Market - The Changing Structure of European Law (Hardcover)
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What are the different market types that shape the European Union's
internal market? Schutze 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. Schutze'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 Schutze'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.
General
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