Staff profile
Professor Robert Schuetze
Professor of European and Global Law
Affiliation | Telephone |
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Professor of European and Global Law in the Durham Law School | +44 (0) 191 33 42802 |
Global Policy Institute Co-Director in the School of Government and International Affairs | |
Co-Director in the Global Policy Institute Journal |
Biography
Current Projects
Models of Demoicracy
If democracy is the government of the people, can there be a government of peoples – or demoicracy? Are supranational organisations, like the European Union, or international organisations, like the United Nations, demoicracies? And what federal models of demoicracy have developed in the past to explain the institutional structures of a plurality of peoples ruling together? This project responds to these questions by offering a comparative constitutional analysis of the demoicratic credentials of the United States, Germany and Switzerland in the nineteenth and twentieth centuries before exploring the international structures of demoicracy in the twenty-first century through the EU and the UN. It is funded by a Leverhulme Major Research Fellowship.
Framing Dassonville: Text and Context in EU Law
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 conventional wisdom holds that the Court here offered a hyper-liberalist definition of the European internal market, which radically dissociated itself from the conceptual shackles accepted in modern international trade law. According to this view, Dassonville represents the substantive law equivalent of Van Gend en Loos. This traditional view is, however, mistaken. But if that is the case, what did Dassonville originally “mean”; and how did the Dassonville formula come to mean what it means today? The project tries to answer these questions through a reception history of this famous case.
Robert Schütze is Professor of European and Global Law. He is a constitutional scholar with a particular expertise in the law of the European Union and comparative federalism. Outside the Law School, he co-founded the Global Policy Institute with the political scientist Professor David Held. He also teaches at Luiss (Rome) and is a permanent Visiting Professor at the College of Europe (Bruges).
In the past, he has held numerous Visiting Professorships and was a Fulbright-Schuman Fellow at the Centre for European Studies at Harvard University and a Braudel Senior Fellow at the European University Institute. He studied law, political science and sociology in Germany, England and Italy and holds a Ph.D. in European law from the European University Institute and a Ph.D. in political theory from the London School of Economics. He is a Fellow of the Royal Society of Arts and an academic associate of Cornerstone Chambers.
Research
Over the years he has published three monographs, three textbooks, ten edited collections or special journal issues and a wide range of articles and chapters. His work has been translated into a number of languages; and he is best known for his “federal” reading of the European Union. His 'From Dual to Cooperative Federalism: The Changing Structure of European Law' received the 'Best Book' award of the University Association for Contemporary European Studies (UACES). He is the author of “European Union Law” (Third Edition, with Oxford University Press) and “An Introduction to European Law” (Third Edition, with Oxford University Press) - a website dedicated to both textbooks can be found here. He has published (with Roger Masterman) the Cambridge Companion to Comparative Constitutional Law - a companion website to which can be found here.
As an editor, he co-founded (with Richard Albert), the Oxford Comparative Constitutionalism Series that aims to explore the horizontal and vertical links between local, national or global constitutional structures. He equally co-directs the Oxford European Union Library (with Piet Eeckhout) as well as the Hart Series on Parliamentary Democracy in Europe (with Nicola Lupo). He is a joint co-editor of the Yearbook of European Law – OUP’s flagship journal on the law of the European Union.
In the past, he has also been the principal investigator of the “Neo-Federalism” Project – funded by the European Research Council. More detailed information about the project and its members can be found here.
Research interests
- Comparative Constitutional Law
- EU Constitutional Law
- International Law
- Legal History and Political Theory
Publications
Authored book
- Introduction to European Law (Fourth edition)Schütze, R. (2023). Introduction to European Law (Fourth edition). Oxford University Press.
- European Union LawSchütze, R. (2021). European Union Law. Oxford University Press. https://doi.org/10.1093/he/9780198864660.001.0001
- From International to Federal Market: The Changing Structure of European Law.Schütze, R. (2017). From International to Federal Market: The Changing Structure of European Law. Oxford University Press. https://doi.org/10.1093/oso/9780198803379.001.0001
- Foreign Affairs and the European Constitution - Selected EssaysSchütze, R. (2014). Foreign Affairs and the European Constitution - Selected Essays. Cambridge University Press.
- 'From Dual To Cooperative Federalism: The Changing Structure Of European Law'Schütze, R. (2009). ’From Dual To Cooperative Federalism: The Changing Structure Of European Law’. Oxford University Press.
Chapter in book
- Fiscal Barriers in the Internal MarketSchütze, R. (2023). Fiscal Barriers in the Internal Market. In A. Hinarejos & R. Schütze (Eds.), EU Fiscal Federalism: Past, Present, Future (pp. 11-30). Oxford University Press. https://doi.org/10.1093/oso/9780198833284.003.0002
- Political Philosophy of FederalismSchütze, R. (2017). Political Philosophy of Federalism. In R. Wolfrum, R. Grote, & F. Lachenmann (Eds.), Max Planck Encyclopedia of Comparative Constitutional Law.
- From Dassonville to Cassis: The Revolution that did not Take PlaceSchütze, R. (n.d.). From Dassonville to Cassis: The Revolution that did not Take Place. In A. Albors-Llorens, C. Barnard, & B. Leucht (Eds.), Cassis de Dijon: 40 Years On [Contracted by publisher] (pp. 23-42). Hart Publishing.
- The Internal Market: A Constitutional PerspectiveSchütze, R. (n.d.). The Internal Market: A Constitutional Perspective. In Oxford Principles of European Union Law - Volume II: The Internal Market [Contracted by publisher]. Oxford University Press.
- Modelli di "demoi-crazia": l'Europa e la sua UnioneSchütze, R. (n.d.). Modelli di "demoi-crazia": l’Europa e la sua Unione. In C. Fasone, N. Lupo, & A. Vauchez (Eds.), Parlamenti e democrazia in Europa [Contracted by publisher] (pp. 77-126). il Mulino.
Edited book
- The Cambridge Companion to Comparative Constitutional LawMasterman, R., & Schütze, R. (Eds.). (2019). The Cambridge Companion to Comparative Constitutional Law. Cambridge University Press.
- Governance and Globalisation: International Problems, European SolutionsSchütze, R. (Ed.). (2018). Governance and Globalisation: International Problems, European Solutions. Cambridge University Press. https://doi.org/10.1017/9781316417027
- The United Kingdom and the Federal Idea.Schütze, R., & Tierney, S. (Eds.). (2018). The United Kingdom and the Federal Idea. Hart Publishing.
- Oxford Principles of European Union Law - Volume II: The Internal MarketSchütze, R., & Tridimas, T. (Eds.). (n.d.). Oxford Principles of European Union Law - Volume II: The Internal Market [Contracted by publisher]. Oxford University Press.
- EU Fiscal Federalism: Past, Present, FutureHinarejos, A., & Schütze, R. (Eds.). (n.d.). EU Fiscal Federalism: Past, Present, Future [Contracted by publisher]. Oxford University Press.
- Landmark Cases in EU Law (2 Volumes)Craig, P., & Schütze, R. (Eds.). (n.d.). Landmark Cases in EU Law (2 Volumes) [Contracted by publisher]. Hart Publishing.
Journal Article
- British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law IISchütze, R. (2024). British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II. Journal of the History of International Law Revue d’histoire Du Droit International, 26, 243–284. https://doi.org/10.1163/15718050-bja10090
- German Idealism after Kant: Nineteenth Century Foundations of International LawSchütze, 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
- Britain in the European Union: A Very Short IntroductionSchütze, 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
- Demoicracy in Europe: Some Preliminary ThoughtsSchütze, R. (2022). Demoicracy in Europe: Some Preliminary Thoughts. European Law Review, 47(1), 24-51.
- “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?Schütze, R. (2020). “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?. Yearbook of European Law, 39, Article yeaa005. https://doi.org/10.1093/yel/yeaa005
Working Paper
- Models of Demoicracy: Some Preliminary ThoughtsSchütze, R. (2020). Models of Demoicracy: Some Preliminary Thoughts.