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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: 03 August 2021

The Rise of the Federal Model I

The Rise of the Federal Model I

(p.133) 4 The Rise of the Federal Model I
From International to Federal Market

Robert Schütze

Oxford University Press

What philosophy governs the European common market today? This chapter examines this question by exploring the doctrinal structure of Article 34 since Cassis de Dijon. It will be argued that after Cassis, the substantive structure of the European market could no longer be presented as a ‘new legal order of international law’. For the principle of mutual recognition ‘breaks’ the backbone of the international model, as each State loses a part of its (internal) sovereignty over its own (internal) market. This loss of sovereignty was first established for national rules relating to product requirements; but the question whether this federal solution equally applied to ‘selling arrangements’ has preoccupied the Court ever since. With Keck, the Court acknowledged the existence of different tests for different categories of measures. How do these three jurisprudential lines interrelate? Two theoretical approaches are discussed: the (old) category approach and a (new) unitary approach.

Keywords:   Cassis, Keck, Italian Trailer, category approach, unitary approach, Dassonville formula

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