Abstract

This article explores the likely impact of the Treaty of Maastricht on the institutional balance of the European Community and the new European Union. It places particular emphasis on the impact of the Treaty on the role of the European Court of Justice, an institution which has been generally ignored by political scientists. However, it does not accept the received wisdom of legal scholars concerning the Court, which suggests that the Court, acting on its own has saved the Community from self‐destruction. Instead, the analysis presented here places the Court in a political context. On the basis of this understanding, the potential of the Treaty of Maastricht to unravel some of the existing structure of the European Community is drawn out.

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