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All Outputs (31)

‘Integration-through-Law’: grand theory, revisionist history (2025)
Journal Article
Schütze, R. (2025). ‘Integration-through-Law’: grand theory, revisionist history. European Law Open, 4(2), 162-200. https://doi.org/10.1017/elo.2025.15

How has the European Union been integrated in the past? Legal academics have traditionally pointed to the Court of Justice and to the broader idea of an ‘integration-through-law’. Through its supranational jurisprudence, the Court – not the EU legisl... Read More about ‘Integration-through-Law’: grand theory, revisionist history.

‘Victorian’ Traditions: British International Law Scholarship, 1830–1914 (2025)
Journal Article
Schütze, R. (2025). ‘Victorian’ Traditions: British International Law Scholarship, 1830–1914. International and Comparative Law Quarterly, 74(2), 409-435. https://doi.org/10.1017/s0020589325100766

What are the philosophical and normative orientations of British international law scholarship during the Victorian era? This article explores and answers this question in three complementary steps. It begins with an analysis of the ‘public’ internat... Read More about ‘Victorian’ Traditions: British International Law Scholarship, 1830–1914.

British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II (2023)
Journal Article
Schütze, R. (2024). British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II. Revue d'histoire du droit international, 26, 243–284. https://doi.org/10.1163/15718050-bja10090

What are the legal principles of British utilitarianism in the long nineteenth century; and what conception(s) of international law do they offer? The celebrated founder of the utilitarian school is Jeremy Bentham, who categorically rejects all metap... Read More about British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II.

German Idealism after Kant: Nineteenth Century Foundations of International Law (2022)
Journal Article
Schütze, R. (2023). German Idealism after Kant: Nineteenth Century Foundations of International Law. Revue d'histoire du droit international, 25(1), 105-141. https://doi.org/10.1163/15718050-bja10078

What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of t... Read More about German Idealism after Kant: Nineteenth Century Foundations of International Law.

Britain in the European Union: A Very Short Introduction (2022)
Journal Article
Schütze, R. (2022). Britain in the European Union: A Very Short Introduction. Global Policy, 13(Special Issue 2), 39-46. https://doi.org/10.1111/1758-5899.13063

From the start, Britain's feelings towards European integration were complex; and when Britain finally joined the ‘common market’ in 1973, its reasons were predominantly of an economic nature. Its profound doubts of any ‘federal’ or ‘political’ union... Read More about Britain in the European Union: A Very Short Introduction.

“Re-Constituting” the Internal Market: Towards a Common Law of International Trade? (2020)
Journal Article
Schütze, R. (2020). “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?. Yearbook of European Law, 39, 250-292. https://doi.org/10.1093/yel/yeaa005

Are the trade philosophies behind the EU internal market and the WTO international market converging or diverging; and are we, or are we not, moving towards a ‘common law of international trade’? Twenty years ago, an interesting—and swiftly famous—an... Read More about “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?.

‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law (2018)
Journal Article
Schutze, R. (2018). ‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law. European Law Journal: Review of European Law in Context, 24(6), 376-407. https://doi.org/10.1111/eulj.12290

There are few ‘mythical’ judgments that every student of European integration has read or ought to have read. Dassonville is one of these judgments. The Court here makes one of its ‘most famous pronouncement[s] ever’; and yet very little historical r... Read More about ‘Re‐reading’ Dassonville: Meaning and Understanding in the History of European Law.

Judicial Majoritarianism Revisited: “We, the Other Court”? (2018)
Journal Article
Schütze, R. (2018). Judicial Majoritarianism Revisited: “We, the Other Court”?. European law review, 43(2), 269-280

Re-examines the theory of judicial majoritarianism advanced by Miguel Maduro in respect of the EU internal market, which saw the ECJ as a quasi-legislature which judicially harmonised national rules according to the interests of all Member States. Re... Read More about Judicial Majoritarianism Revisited: “We, the Other Court”?.

From the “Closed” to the “Open” Commercial State: A Very Brief History of International Economic Law (2017)
Journal Article
Schütze, R. (2017). From the “Closed” to the “Open” Commercial State: A Very Brief History of International Economic Law. Revue d'histoire du droit international, 19(4), 495 -524. https://doi.org/10.1163/15718050-19221001

Commerce had become a “reason of state” in the eighteenth century. With the publication of Smith’s Wealth of Nations, the idea that free international trade was economically beneficial however gradually gained prominence. The long nineteenth century... Read More about From the “Closed” to the “Open” Commercial State: A Very Brief History of International Economic Law.

Parliamentary Democracy and International Treaties (2017)
Journal Article
Schütze, R. (2017). Parliamentary Democracy and International Treaties. Global Policy, 8(56), 7-13. https://doi.org/10.1111/1758-5899.12485

Classic constitutional thought considered the power to conclude international treaties to fall within the executive's exclusive domain. But this nineteenth-century logic hardly convinces in the twenty-first century. For the function of international... Read More about Parliamentary Democracy and International Treaties.

Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU? (2016)
Journal Article
Schütze, R. (2016). Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU?. European law review, 41(6), 826-842

What market model should determine the boundaries of negative integration, and in particular: what test should the Court apply to art.34 TFEU? After Keck , there is no single answer to this question. Having expressly acknowledged the existence of dif... Read More about Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU?.

Tax Barriers to Intra-Union Trade: American ‘Federalism’, European ‘Internationalism’? (2016)
Journal Article
Schütze, R. (2016). Tax Barriers to Intra-Union Trade: American ‘Federalism’, European ‘Internationalism’?. Yearbook of European Law, 35(1), 382-409. https://doi.org/10.1093/yel/yew013

The task of creating a ‘common’ market is one of the central tasks of many unions. When the Philadelphia Convention drafted the 1787 US Constitution, there was little argument that the new Union had to become an economic union.1 And the objective to... Read More about Tax Barriers to Intra-Union Trade: American ‘Federalism’, European ‘Internationalism’?.

"Two-and-a-half Ways of Thinking about the European Union" (2016)
Journal Article
Schütze, R. (2016). "Two-and-a-half Ways of Thinking about the European Union". Politique européenne, 53(3), 28-37. https://doi.org/10.3917/poeu.053.0028

This article argues that the sui generis theory is a ‘negative’ and ‘unhistorical’ theory. It lacks explanatory value for it is based on a conceptual tautology (Hay, 1966, 37): the European Union is… . what it is; and it is not.… what it is not! Seco... Read More about "Two-and-a-half Ways of Thinking about the European Union".

EU Development Policy: Constitutional and Legislative Foundation(s). (2013)
Journal Article
Schütze, R. (2013). EU Development Policy: Constitutional and Legislative Foundation(s). The Cambridge yearbook of European legal studies, 15, 699-718. https://doi.org/10.5040/9781474200349.ch-024

The Union’s constitutional regime for development policy has traditionally progressed alongside two parallel tracks. In addition to a general regime for all developing countries, there exists a special regime for African, Caribbean and Pacific Countr... Read More about EU Development Policy: Constitutional and Legislative Foundation(s)..

"Delegated Legislation" in the (new) European Union: A Constitutional Analysis (2011)
Journal Article
Schütze, R. (2011). "Delegated Legislation" in the (new) European Union: A Constitutional Analysis. Modern Law Review, 74(5), 661-693. https://doi.org/10.1111/j.1468-2230.2011.00866.x

This article brings classic constitutionalism to an analysis of delegated legislation in the European Union. To facilitate such a constitutional analysis, it starts with a comparative excursion introducing the judicial and political safeguards on exe... Read More about "Delegated Legislation" in the (new) European Union: A Constitutional Analysis.

From Rome to Lisbon: "Executive Federalism" in the (New) European Union (2010)
Journal Article
Schütze, R. (2010). From Rome to Lisbon: "Executive Federalism" in the (New) European Union. Common Market Law Review, 47(5), 1385-1427

Is the European Union a legislative giant on clay feet? Is it true that the Union has, with some specific exceptions, no original competence to implement European law? This article analyses the structure of the Union’s “executive federalism” in three... Read More about From Rome to Lisbon: "Executive Federalism" in the (New) European Union.