ISBN : 9780198803379
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.
Introduction: Coming to Constitutional Terms
General Part: International and Federal Markets
1 International Law and Market Coordination
I The Classic Model: The Mercantilist State and its National Market
II The Modern Model: The Cooperative State in the Global Market
2 American Law and Market Integration
I Creating a Common Market: Regulatory Barriers to Trade
II Fiscal Barriers: A Fiscal Affairs 'Exception'?
Special Part: The Changing Structure of European Law
3 The Decline of the International Model
I Creating the European Market: A Constitutional Overview
II Europe's Dormant Commerce Clause: Article 34 TFEU
4 The Rise of the Federal Model I
I Doctrinal Divergences: From Cassis to Keck
II Types and Tests: The Post-Keck Doctrinal Framework
5 The Rise of the Federal Model II
I Special Jurisprudential Regimes: Which Model?
II General Exemptions and Justifications: Form and Substance
6 Excursus: A Fiscal Affairs Exception?
I Customs Duties: A National Market Model
II Internal Taxation: An International Market Model
Conclusion: Europe's Gemeinweg towards a Federal Market
Epilogue: Courts and Free Markets - The Legitimacy Question