Book Reviews Renaud Dehousse (ed.), Europe After Maastricht. An Ever Closer Union?, München: Law Books in Europe (1994) xi + 314 pages + Index. Among the avalanche of publications devoted to the Maastricht Treaty, this multi-contributor book stands out because it assesses the Treaty through different sets of lenses. This book is also valuable as mental preparation for the next scheduled conference in 1996. It is framed with an introduction by Emile Nöel titled 'A New Institutional Balance?' and concludes with a contribution - 'Fin-de Siècle Europe' by Joseph H.H. Weiler. Each of its chapters is an in-depth analysis of the most critical and controversial aspects of the Treaty on EU. In a laser-sharp ten-page analysis of the institutional innovations, titled 'A New Institutional Balance?'. Emile Nöel concludes, as he has for over 40 years, with a question mark. He examines the changes in the texts through their actual procedural consequences and makes the reader feet that a lot will depend on the actors playing out their roles. Whatever the self-imposed restraint of Emile Nöel might be in describing the institutions, he is explicit on one point: the limitation of the Commission's right of proposal. Unlike Nöel, Joseph Weiler in his `cri-du-coeur' assessment of Maastricht ends with no question. 'The People' no longer follow because the Community has lost its soul and values. It was possible to have an elite-driven 'mandarin' managed Community while a large consensus on superior values existed. These values include sacrifice/peace, the acceptance of Germany, prosperity in the more noble sense as the opening to others, and 'supranationalism' as an active value to overcome the demons of the past. He might have added the Dyonesian readiness for common adventure and faith in the dialectics of working together. As provocative as this assessment may appear, it can hardly be challenged. Weiler is more tentative and seems less convinced when looking for alternative motivations for the EU. Here, he ends with questions: Does the EU have the devices necessary for solving industrial problems? Is it the vehicle for adjusting Eastern Europe'? Is it a place where communitarian ethos can come to grips with the chronic value conflict between market and solidarity, and freedom and statute'? Christian Joerges' contribution on 'European Economic Law, the Nation-State and the Maastricht Treaty' examines closely one fundamental aspect of Maastricht that is generally overlooked. This aspect could have legal consequences depending on future interpretations by the Court. Undoubtedly, the idea of maximization of resources through competition underlies the EC and some authors have argued that the Community enshrined the market economy as a principle of law. After Maastricht, the market economy has become the Law as a general principle enshrined in Article 3A EC requests Member States, and the Community to conduct their activities 'in accordance with the principle of an open market economy with free competition'. Joerges queries if this is the EC's consecration of economic interpretation of the Law. Francis Snyder's contribution on 'EMU-Metaphor for European Union? Institutions. Rules and Types of Regulation' assesses a new device for economic policy and a common currency. This is done through the usual competitive scheme 'Member States vs. Community (Commission, Parliament, Court)'. Of course, this is a fundamental aspect of the question. The other facet is that of the objective necessary to ensure the minimum autonomy of' the monetary power in relation to general power. This is also an internal power problem within each Member State. The compromise attained has its explanation within the very roots of each Member State with its competing bodies whose action is reflected at Community level and which tend to survive as corporate bodies. For these bodies, the duty to the corporate body may appear stronger than the duty to a given nation. Those wanting to take a closer look at 'European Citizenship' (Hans Ulrich Jessurun d'Oliveira) and 'Social Policy' (Brian Bercusson) after Maastricht will have clearer ideas about these subjects after these readings. Headlines on these subjects used by Maastricht are sometimes misleading and the content of the Treaty is complex and confusing on these issues. The contributions of this book are facilitated by the Annex which contains the Maastricht Treaty and the consolidated text of the EC (ex EEC Treaty). The texts of the 17 protocols and 31 declarations annexed to the final act are not included. The fact that later texts cover more space than the Treaty itself justifies the question mark in the book's title. Henri Etienne Harvard European Law Research Centre
	© 1990-2004 European Journal of International Law All comments and suggestions should be sent to webmaster This site is part of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European Law at the European University Institute. This file was last modified: Tuesday, October 14, 2003 12:15PM