Cookies

We use cookies to ensure that we give you the best experience on our website. By continuing to browse this repository, you give consent for essential cookies to be used. You can read more about our Privacy and Cookie Policy.


Durham Research Online
You are in:

On 'federal' ground : the European Union as an (inter)national phenomenon.

Schütze, Robert (2009) 'On 'federal' ground : the European Union as an (inter)national phenomenon.', Common market law review., 46 (4). pp. 1069-1105.

Abstract

The emergence of the United States of America in the eighteenth-century triggered a semantic revolution in the federal principle. Federalism became identified with a mixed structure between international and national organisation. However, when this American tradition crossed the Atlantic in the nineteenth century, Europe’s obsession with indivisible sovereignty pressed the novel idea into a national format. This article analyses the European Community and European Union in light of the American and European federal tradition. It explores the analytical potential of American federal thought in examining the European Union along three dimensions: a foundational, an institutional and a functional dimension. The question of Kompetenz-Kompetenz arises. This inductive approach is contrasted with the deductive approach of European thought. Europe’s “statist” tradition insists on the indivisibility of sovereignty. This leads to three constitutional denials: the European Union is said to have no constitution, nor a people (demos), nor a constitutionalism. The very existence of the European Union, often labelled sui generis, has challenged this tradition and, today, European federal thought has gradually come to acknowledge the idea of federalism beyond the State.

Item Type:Article
Full text:PDF - Published Version (172Kb)
Status:Peer-reviewed
Publisher Web site:http://www.kluwerlaw.com
Publisher statement:Reproduced with the permission of Kluwer Law International from Schütze, Robert, 'On 'federal' ground : the European Union as an (inter)national phenomenon.', Common market law review., 46 (4). pp. 1069-1105, 2009.
Record Created:31 Aug 2011 15:05
Last Modified:07 Sep 2011 15:42

Social bookmarking: del.icio.usConnoteaBibSonomyCiteULikeFacebookTwitterExport: EndNote, Zotero | BibTex
Usage statisticsLook up in GoogleScholar | Find in a UK Library