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From International to Federal MarketThe Changing Structure of European Law$
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Robert Schütze

Print publication date: 2017

Print ISBN-13: 9780198803379

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198803379.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

The Decline of the International Model

The Decline of the International Model

(p.93) 3 The Decline of the International Model
From International to Federal Market

Robert Schütze

Oxford University Press

The creation of a common market was (and is) a central task of the European Economic Community and today the European Union. The 1957 EEC Treaty thereby offered a variety of legal instruments to unite the different national markets into a ‘common’ European market. Originally, it closely followed the GATT suggestions in Article XXIV and outlawed customs duties (and equivalent measures), while it equally prohibited quantitative restrictions (and equivalent measures). The EEC Treaty also contained a non-discrimination provision for imported goods, yet the latter was textually confined to fiscal measures; and the question therefore arose how the 1957 Rome Treaty would regard State regulatory measures that discriminated against out-of-State goods. This chapter explores the constitutional choices made by the original Rome Treaty and the early Court with regard to market integration.

Keywords:   Article 34, quantitative restrictions, MEEQR, negative integration, Dassonville, Cassis

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