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Book ReviewsWinkelmann, Ingo (ed.), Das Maastricht-Urteil des
Bundesverfassungsgerichts vom 12. Oktober 1993, Berlin: Duncker &
Humblot (1994) 802 pages. DM 98; öS 765: sFr 98. On 12 October 1993, the German Federal Constitutional Court
(Bundesverfassungsgericht) cleared the way for the ratification of the
(Maastricht) Treaty on the European Union by dismissing constitutional
complaints contesting the Treaty's constitutionality. The practical importance of the decision as well as its not so subtle
invitation to self-reflection justify Winkelmann's project: a documentation of
the whole legal and political process related to the Maastricht decision.
Winkelmann carries out this task in an excellent manner. His collection of
documents is thoughtfully compiled and edited with great care. Winkelmann
brings together the legal documents exchanged by the parties to the case, the
Court's catalogues of questions in preparation for the oral hearing, protocols
from the hearing itself, the decision itself and further related legal
documents. The annex features official reactions to the Maastricht decision,
amongst others by the German Chancellor, the Federal Government, and the
Bundestag. In all these documents, the enormous tension transpires,
resulting both from the practical issues at stake and from the emotionally,
even morally charged in reaching questions of self-definition. The legal
disguise and the dry semantics of this collection of credos cannot hide the
fact that under the surface a battle over individual and collective identity is
fought. Insofar the documents reproduced speak for themselves, and it might
have been more impressive to leave them alone and indeed allow them to speak
for themselves. However, Winkelmann adds an introduction to his documentation.
While this may reduce the immediate effect of the documentation, the
introduction is altogether very useful. Winkelmann summarizes the most
important legal issues, the main points of the decision, and gives a little
outlook (the contents of which are surely debatable). He adds a comprehensive
bibliography listing all publications on the decision and beyond until mid-
1994. A special virtue of Winkelmann's documentation is the fact that it
includes English and French translations of the Maastricht decision (as well as
a Spanish translation of its head notes), thereby acknowledging its truly
transnational repercussions. This book clearly enriches the discussion of the
Maastricht ratification process and should be present on the shelves of every
constitutional or European law scholar. Ulrich R. Haltern Harvard Law School
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