All Outputs (3)

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".