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Title: FROM DUAL TO COOPERATIVE FEDERALISM
THE CHANGING STRUCTURE OF EUROPEAN LAW
By: Robert Schutze
Format: Hardback

List price: £135.00
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ISBN 10: 0199238588
ISBN 13: 9780199238583
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Publisher: OXFORD UNIVERSITY PRESS
Pub. date: 15 October, 2009
Series: Oxford Studies in European Law
Pages: 430
Description: 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.
Synopsis: 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".
Publication: UK
Imprint: Oxford University Press
Prizes: Winner of Winner of the 2010 UACES Best Book Prize.
Returns: Returnable
Some other items by this author:
AN INTRODUCTION TO EUROPEAN LAW (HB)
AN INTRODUCTION TO EUROPEAN LAW (HB)
AN INTRODUCTION TO EUROPEAN LAW (PB)
AN INTRODUCTION TO EUROPEAN LAW (PB)
EU LAW BUNDLE 2 VOLUME PAPERBACK SET
EU LAW BUNDLE 2 VOLUME PAPERBACK SET
EU TREATIES AND LEGISLATION (PB)
EU TREATIES AND LEGISLATION (PB)
EUROPEAN CONSTITUTIONAL LAW
EUROPEAN CONSTITUTIONAL LAW (HB)
EUROPEAN CONSTITUTIONAL LAW (HB)
EUROPEAN CONSTITUTIONAL LAW (PB)
EUROPEAN CONSTITUTIONAL LAW (PB)
EUROPEAN UNION LAW
EUROPEAN UNION LAW (HB)
EUROPEAN UNION LAW (PB)
FOREIGN AFFAIRS AND THE EU CONSTITUTION (HB)
FOREIGN AFFAIRS AND THE EU CONSTITUTION (PB)
FROM DUAL TO COOPERATIVE FEDERALISM (PB)
FROM INTERNATIONAL TO FEDERAL MARKET (HB)
GRYPHIUS-HANDBUCH
GRYPHIUS-HANDBUCH
INTRODUCTION TO EUROPEAN LAW
INTRODUCTION TO EUROPEAN LAW 4E
OXFORD PRINCIPLES OF EUROPEAN UNION LAW (HB)
THE EUROPEAN UNION AND GLOBAL EMERGENCIES
THE EUROPEAN UNION AND GLOBAL EMERGENCIES (HB)

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