Readership: Academics working in the area of EU Law, Comparative Law, and Federalism; Political Scientists.
Robert Schütze, Professor of law at Durham University.
"...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
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