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From Dual to Cooperative Federalism Robert Schutze (Professor of law at Durham University)

From Dual to Cooperative Federalism By Robert Schutze (Professor of law at Durham University)

From Dual to Cooperative Federalism by Robert Schutze (Professor of law at Durham University)


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Summary

What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

From Dual to Cooperative Federalism Summary

From Dual to Cooperative Federalism: The Changing Structure of European Law by Robert Schutze (Professor of law at Durham University)

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.

From Dual to Cooperative Federalism Reviews

...this volume will give for sure an important contribution to the rehabilitation of the federalist approach * Giuseppe Martinico, Pisa, CML Review *
In an overwhelmingly important book Schutze brilliantly exposes the obscurantist anti-realistic vision of the European federation in such a splendidly clear and overwhelmingly convincing way that those who will not open their eyes now are not just wrong out of principle. They are blind. For all the rest there is a discovery to make: there were and there are more federations in the world that just the EU * Dimitry Kochenov, University of Groningen *
...a timely and relevant contribution that provides for a totally enjoyable and inspiring read and helps us understand better the structure of European Law * Nikos Skoutaris, Lecturer in European Law, University of Maastricht *
...a valuable tool, covering political aspects of federalism, its application to the EU, and the stance of the ECJ with an interdisciplinary approach. * Panos Stasinopoulos, King's College London, Journal of Common Market Studies, 48.4 *

About Robert Schutze (Professor of law at Durham University)

Dr Robert Schutze is Professor of law at Durham University.

Table of Contents

List of Abbreviations ; List of Cases: European Union and United States ; List of EC Legislation and Guidelines ; Introduction: Coming to Constitutional Terms ; General Part - The Federal Principle in America and Europe ; 1. Federal Tradition(s) and the European Union ; Section I - The Federal Principle: Three Constitutional Traditions ; Section II - The European Union: American and European Perspectives ; 2. Federal Philosophies and the Structure of American Law ; Section I - The New Nationalism - The Decline of Constitutional Exclusivity ; Section II - The New Federalism - The Decline of Legislative Exclusivity ; Excursus - The Foreign Affairs Exception - Dual Federalism Constitutionalised ; Special Part - The Changing Structure of European Law ; 3. The Decline of Constitutional Exclusivity ; Section I - Europe's Expanding Sphere: The Decline of State Police Powers ; Section II - Europe's Contracting Sphere: The Decline of Federal Exclusive Powers ; 4. The Decline of Legislative Exclusivity ; Section I - The Commerce Clause(s): Harmonization in the Internal Market ; Section II - The Common Agricultural Policy: A Policy Unlike Any Other? ; 5. Cooperative Federalism Constitutionalised ; Section I - The Principle of Subsidiarity: Procedural Safeguards of Federalism ; Section II - Complementary Competences: Substantive Safeguards of Federalism ; 6. Excursus: A Foreign Affairs Exception? ; Section I - Europe's International Powers: Dual Federalism in the External Sphere ; Section II - Theory and Practice: Towards Cooperative Federalism? ; Conclusion: Europe's Gemeinweg Towards Cooperative Federalism ; Bibliography ; Index

Additional information

GOR013936029
9780199238583
0199238588
From Dual to Cooperative Federalism: The Changing Structure of European Law by Robert Schutze (Professor of law at Durham University)
Used - Very Good
Hardback
Oxford University Press
2009-10-15
430
Winner of Winner of the 2010 UACES Best Book Prize.
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - From Dual to Cooperative Federalism