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A comprehensive and critical textbook, Schutze's European Union Law
uses a distinctive three-part structure to examine the
constitutional foundations, legal powers, and substantive law of
the European Union. Written in a uniquely engaging style, and full
of illuminating analyses, this book provides a thorough and modern
guide to the study of the European law. Visual and pedagogical
support is offered by the book's numerous diagrams and tables that
clarify key concepts and processes, and a practical appendix helps
students to find and read primary and secondary legal sources. This
third edition includes an updated dedicated chapter on the past,
present, and future of Brexit. Digital formats and resources The
third edition is available for students and institutions to
purchase in a variety of formats. The e-book offers a mobile
experience and convenient access along with functionality tools,
navigation features, and links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks.
European Constitutional Law uses a distinctive two-part structure
to examine the legal foundations and powers of the European Union.
Written in a uniquely engaging style, and full of logical
explanations and illuminating analyses, Schutze provides students
with the means for a sophisticated study of the subject. Extensive
diagrams and tables clarify key concepts and processes; and the
book's critical approach ensures awareness of the intricacies of
European constitutional law. A practical appendix and the author's
companion webpage help students to find and read primary and
secondary legal sources. Digital formats and resources The third
edition is available for students and institutions to purchase in a
variety of formats. The e-book offers a mobile experience and
convenient access, along with functionality tools, navigation
features, and links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks.
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.
Written with exceptional clarity, simplicity and precision, this
short textbook provides a classic introduction to European law.
Using a clear structural framework, it guides students through the
subject's core elements and key issues, from the creation and
enforcement of European law to the workings of the internal market.
Chapters are enriched with figures and tables to clarify difficult
topics and illustrate relationships and processes, ensuring that
students understand even the most complex of concepts. The second
edition has been updated throughout and includes an entirely new
chapter on the internal market for goods. Two new practical
appendices offer suggestions for further reading and guide readers
through the process of finding and reading EU Court judgments. A
companion website features full 'Lisbonised' versions of the cases
cited in the text, links to EU legislation, downloadable figures
and textbook updates.
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.
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.
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.
This collection of essays provides a legal and policy analysis of
the European Union's involvement in global emergencies. Bringing
together leading academics and officials from European
institutions, the book offers a sophisticated analysis of the
theoretical and practical issues arising from the EU's action and
reaction to global challenges. The issues covered include: the
global financial system, climate change, global security and the
prevention of terrorism, as well as global public health and
threats to food, energy, and water security. These subjects are all
highly topical and the essays will appeal to academics, legal
practitioners, political scientists, and policy makers. The
contributions take account of the amendments introduced by the
Lisbon Treaty, making it especially relevant.
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.
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.
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.
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'.
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.
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