From Dual to Cooperative Federalism: The Changing Structure of European Law

Introduction: Coming to Constitutional Terms; General Part - The Federal Principle in America and Europe; 1 Federal Tradition(s) and the European Union; Section I - The Federal Principle: Three Constitutional Traditions; Section II - The European Union: American and European Perspectives; 2 Federal Philosophies and the Structure of American Law; Section I - The New Nationalism - The Decline of Constitutional Exclusivity; Section II - The New Federalism - The Decline of Legislative Exclusivity; Excursus - The Foreign Affairs Exception - Dual Federalism Constitutionalised; Special Part - The Changing Structure of European Law; 3 The Decline of Constitutional Exclusivity; Section I - Europe's Expanding Sphere: The Decline of State Police Powers; Section II - Europe's Contracting Sphere: The Decline of Federal Exclusive Powers; 4 The Decline of Legislative Exclusivity; Section I - The Commerce Clause(s): Harmonization in the Internal Market; Section II - The Common Agricultural Policy: A Policy Unlike Any Other?; 5 Cooperative Federalism Constitutionalised; Section I - The Principle of Subsidiarity: Procedural Safeguards of Federalism; Section II - Complementary Competences: Substantive Safeguards of Federalism; 6 Excursus: A Foreign Affairs Exception?; Section I - Europe's International Powers: Dual Federalism in the External Sphere; Section II - Theory and Practice: Towards Cooperative Federalism?; Conclusion: Europe's Gemeinweg Towards Cooperative Federalism

Robert Schutze is a Reader in law at Durham University.