The European Union: A Polity of States and Peoples

Vol. 15 No.9 (September 2005), pp.821-823

THE EUROPEAN UNION: A POLITY OF STATES AND PEOPLES, by Walter van Gerven. Stanford: Stanford University Press, 2005. 416pp. Cloth. $70.00. ISBN: 0804750637. Paper. $27.95. ISBN: 0804750637.

Reviewed by David Schultz, Graduate School of Management, Hamline University. Email: Dschultz [at] hamline.edu .

A spectre is haunting Europe—the spectre of the European Union. As evidenced by recent events, the European Union (“EU”) ghost stands at its Rubicon. Since 2000, the EU has dramatically enlarged, only recently adding ten new members thus significantly increasing its size and the complexity of governance. The EU is also contemplating additional members, including Turkey and more former east block nations, raising concerns about cultural and economic asymmetries across the continent. The EU has proposed adoption of a new constitution that would further diminish the sovereignty of the current member states, implicating more questions about governability and democracy within the union. Finally, recent “no” votes on the Constitution in France and the Netherlands raise concerns regarding the EU’s future.

Van Gerven’s THE EUROPEAN UNION examines and addresses perhaps the two most fundamental questions regarding the viability and future of the EU: First, which form of government is most appropriate for a united Europe? Second, whether “the European elites that have been responsible for a steadily expanding European integration in the last fifty years are ready to leave the future of European integration in the hands of the people” (p.359)? Both issues, not surprisingly, can be collapsed into one basic query asking whether the EU and its institutions are ready for democracy.

Critics of the current EU often point to what has come to be known as the “democracy deficit,” arguing that the EU is elite-driven, its most powerful institutions are confusing to understand, and that some – e.g., the Commission – are not elected, while the Parliament is elected but lacks real power. Thus, a recurrent complaint is that democratic governance, transparency, and accountability are minimal. One rationale for the proposed constitution is that it will address the deficit, but van Gerven wonders whether it is up to the task of providing the appropriate solutions to the problems currently haunting the EU.

THE EUROPEAN UNION provides a serious and cogent overview of the evolution of the EU to the present. The first chapter describes the three pillars of the union: The three treaties that make up the European Community creating an internal common market; creation of a common foreign and security policy; and cooperation on criminal. The chapter also seeks to detail and describe EU institutions and to engage readers in an interesting discussion of whether it is a trans- or super-national entity, or a single unified state. Van Gerven argues that the goal of the EU is not to be a [*822] state (p.38) but some other form of body politic in search of democratic legitimacy.

Moreover, the first chapter provides an overview of the values that hold the EU together. Here van Gerven looks to find common values that unite the member states and how the law thus far has evolved. He considers, for example, whether there are core European values about human rights and dignity that provide a basis for unity in the absence of a common language or cultural tradition among member states.

Chapters Two through Six expand upon the discussion of legal values, offering extended analysis of various legal principles that van Gerven sees as important to the EU. For example, Chapter Three provides a fascinating exploration of the meaning of rule of law, or Rechtstaat. The emphasis is upon trying to show how the concept of judicial review within the confines of the rule of law is one of the defining traits of the EU. Other legal values that are discussed include accountability (Chapter Two), human rights and legal certainty (Chapter Three), equality and social justice (Chapter Four), and open government (Chapter Five). Within each chapter sub-themes are presented, giving the reader in the first five parts of the book an excellent and comprehensive overview of the requisite ideas influencing current EU law and institutions. Finally, the author, in seeking to clarify many of the points of EU law, provides numerous comparisons to American constitutional law decisions in a way that compares favorably to the work of other scholars (e.g., Goldstein 2001).

The book changes direction with Chapter Six, in which van Gerven presents a solid and understandable discussion of the proposed EU constitution. He seeks to show how the constitution builds upon existing institutions, values, and law that are discussed in the first five chapters. However, in Chapter Seven, the author asks one of the big questions: what form of government should the new EU have? In seeking an answer, van Gerven undertakes a grand tour of comparative politics theory and discussion. He contrasts parliamentary from separation of powers systems, those with and without bicameralism, strong and weak presidents, two versus multiparty systems, and majoritarian versus consensual decision-making processes, with comparisons of the British, German, and American constitutional systems. The point is to understand differences in output among political and constitutional systems and to determine which is the most appropriate for the EU. Comparativists, or those interested in a review of comparative politics theory, will find the analysis quite useful.

Finally, in Chapter Seven, the author concludes that the EU constitution should provide for a parliamentary system with a strong executive, that strong parties linked to a united Europe are needed, and that consensual decision-making processes are preferred to the simple majoritarianism of the United States. Although the proposed EU constitution embodies many of these recommendations, van Gerven notes some deficiencies and proposes more changes. In sum, he concludes to argue that, while the new constitution moves [*823] the EU in a democratic direction, there are still some problem areas.

THE EUROPEAN UNION thus is several great books rolled into one. It is terrific on describing the EU and its proposed constitution. It offers keen comparative analysis of legal regimes in United States and the EU. It presents fascinating discussion of comparative politics theory as it relates to state or institution building, and it appraises the new constitution in light of the demands of democracy and what scholars have learned about state building. In bringing all these issues together, the book should be of interest to a range of readers.

Nonetheless, I have some criticisms. First, there is what one could call a “Hegelian” problem with the book. Van Gerven seems to imply that the new EU constitution is the apotheosis of European history and traditions. Although he presents a critical analysis of the constitution, he also conveys an effort to defend it from critics who argue that the new EU system of governance still suffers a democracy deficit.

Second, although van Gerven notes important questions regarding democracy and what might happen if the people do not support it, he does not really engage the topic. While the book was published before the recent “no” votes on the constitution, one cannot help but ask where the EU is headed if the people ultimately do reject it. Is the EU dead, or will the charter be redrafted for another try?

Finally, the reader is still left wondering whether the new constitution addresses the democratic deficit problem and whether the goal is to become a unified state. THE EUROPEAN UNION thus raises the right questions and directs readers towards interesting analysis, yet it leaves unaddressed some of the tough problems that haunt Europeans as they debate their future.

REFERENCES:

Goldstein, Leslie Friedman. 2001. CONSTITUTING FEDERAL SOVEREIGNTY: THE EUROPEAN UNION IN COMPARATIVE CONTEXT. Baltimore, MD: The Johns Hopkins University Press.

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