*** ESTELLE BROSSET, CONSTANCE CHEVALLIER-GOVERS, VERANE EDJAHARIAN, CATHERINE SCHNEIDER (Editors): Le traité de Lisbonne. Reconfiguration ou déconstitutionnalisation de l'Union européenne ? Etablissements Emile Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - fax: 5117202 - E-mail: info@bruylant.be - Internet: http://www.bruylant.be ). 2009, 352 pp., €35. ISBN 978-2-8027-2709-5.
Every new European treaty is, to the legal experts, another bone on which to chew. The Lisbon Treaty is the last one to be added to this menu and it is no less tempting, although not inevitable, to want to assess its impact by comparing it to the stillborn Constitutional Treaty. Academic experts did, nonetheless, meet up for a seminar organised at the initiative of the Centre d'études sur la sécurité internationale et les coopérations européennes de la Faculté de droit de l'Université Pierre Mendès France (Grenoble II) and were in fact unable to resist this temptation. They even added a little more spice to it by latching onto the audacious question of whether the new treaty might begin, “a process for the de-constitutionalisation of the European Union” as the main thrust of their reflections. The developments emanating from this exercise - none of which could be judged provocative - acknowledging a constitutionalising character to the preliminary European process - far from achieving any unanimous endorsement - are tackled in this book, including some additional contributions that further enrich reflections upon these questions.
The problem is tackled in light of the modifications introduced by the Lisbon Treaty: reconfigurations involving identity, institutions (institutional reforms, developments involving the Parliamentary institutions, the typology used for the different acts) reconfigurations of principle (values and fundamental rights, particularly in light of the specific case of the United Kingdom, democratic principle and principal of primacy) and ultimately, the reconfiguration of political competencies (with, amongst others, the differentiation of security and justice in the Freedom Area, as well as, “brief iconoclastic reflections on the deconstitutionalisation of Common Foreign and Security Policy”). Subsequently, the richness and complexity of the scientific clarification provided in this book prevents any oversimplification, which would have run the risk of betraying the ideas and nuances provided by the book's authors. In an effort to describe the benefits this book brings, it will be necessary to arbitrarily focus on two contributions made within it.
The first contribution is, perhaps, easier to tackle, given that it involves, “the general conclusions” drawn by Professor Louis Dubouis at the end of the exercise. In his view, the objectives of the conclusions are primarily to explore the treaty originally sought, insofar that it includes most of the institutions conceived of by the authors of the Constitutional Treaty. Obviously, there is reason to regret the missed opportunity for clarifying the legal order, due to the abandonment of the new classifications included in the constitutional treaty but the suppression of the different pillars and the preservation of the primacy of Union law have been accomplished. Ultimately, going beyond the “constitutional undressing”, surgically diagnosed by Professor Guy Guillermin, the treaty confirms the democratic nature of the Union. Nevertheless, this, “constitution albeit in name” does, notwithstanding, represent a definitively disappointing treaty? This is the text approved by the member states, so close to being a constitutional treaty but rejected by the French and Dutch and which Professor Dubouis is concerned that it, “provides arguments to those who see the Union in Europe as being built without the people, and indeed against the people”. Professor Dubouis' concerns also follow on from those of his colleague Guillermin, who adds that, “it is not easy to admit that the parliament is capable of repudiating the people”. He believes that this should not encourage citizens, “after granting the right to take a major decision” from greater participation in the European elections … This is certainly true because the biggest mistake was, above all, giving them their say in a referendum and European elections in an atmosphere that was shamefully national in character?
This in fact follows onto the contribution made by Jean-Paul Jacqué, which focuses on the institutional reforms. This former director-general at the Secretariat general of the Council, considers that by becoming an institution, the European Council is increasingly identified as a Brussels institution, with the advantage of further locating its, “work in a Community perspective”, with its permanent president, “constituting the memory of the institution and its executive arm” but highly dependent upon the way in which the first figure to occupy this post carries out his role - let's rest assured on this point. The High Representative effectively means that the treaty institutionalises a form of “superlative schizophrenia”. Does the Lisbon Treaty mean an end to the decline in fortunes of the Commission? This is indeed the crux of the matter if its president on a “primus inter pares” basis becomes, over time, “the equivalent of a head of government”, whilst the institution is undermined by, “creeping inter-governmentalism” with the Commissioners becoming in their way, more or less , like other Permanent Representatives. President Barroso has abruptly made the practice of, “pre-negotiating certain initiatives with member states” into an art form (particularly with big member states), which translates into a “degree of low ambition” and even more seriously, which could lead to the Commission to, “no longer representing the general interest but the sum total of different specific interests”. Is this not a unique institutional way of shooting oneself in the foot? Finally, by criticising, “the so-called democratic deficit”, which, “given the reality of the treaties, is now a groundless political argument”, and which certain member states are more guilty of than others, Jean-Paul Jacqué points out that under the Lisbon Treaty, national politicians can no longer consider themselves as being left out of the system, a fact which will weigh on their shoulders and even more so on the shoulders of the different national political parties. The responsibility of which is to ultimately assume a European stance, which is not inspired by any opportunistic national political caricature. Ultimately, it is up to the latter to make Lisbon a success and this is obviously something that should be said loud and clear!
Michel Theys
*** MARTIAL LIBERA, BIRTE WASSENBERG (Editors): L'Europe au cœur. Etudes pour Marie-Thérèse Bitsch. Presses Interuniversitaires Européennes - Peter Lang (1 av. Maurice, B-1050 Brussels. Tel: (41-32) 3761717 - fax: 3761727 - E-mail: info@peterlang.com - Internet: http://www.peterlang.net ). “Euroclio” series, No. 47. 2009, 286 pp., €31.50. ISBN 978-90-5201-527-9.
The way in which Europe has been built since 1945, was at the heart of the career of Marie-Thérèse Bitsch, who, until a short time ago, was a Professor at the Université Robert Schuman in Strasbourg. this book was devised by her Ph.D. students and is both homage and a testimony of affection for her. It flows from a colloquy organised in her honour and brings together contributions focusing on some of her major research themes: Belgium in Europe, Franco-German relations and the direction in which European construction has been carried out. Among some of the subjects tackled, is the question of Franco-German relations within the Treaty of the Elysée, the stance adopted by the Quai d'Orsay as an “economic” actor in its relationship with the French economy and Finance Department, as well as the “laborious birth” of the Euro-Arab dialogue at the beginning of the 1970s. Two documents also focus on more recent stages in this trajectory. Jean-Marie Palayret demonstrates that although the Maastricht Treaty paved the way to Economic and Monetary Union, it was in fact Chancellor Kohl who gave his support to the agenda sought by France and a president Mitterrand in exchange for France agreeing to German unification. Muriel Rambour decodes the European referendums carried out since the Maastricht Treaty and claims that Europe reanimates the “supplication of Sisyphus” and relentlessly continues to emotionally distance itself from its citizens given that its institutional reforms and decision-making are unintelligible to them …
(MT)
*** PASCAL FONTAINE: Voyage au cœur de l'EUROPE 1953-2009. Histoire du Groupe Démocrate-Chrétien et du Parti Populaire Européen au Parlement européen. Editions Racine (52 rue Defacqz, B-1050 Brussels. Internet: http://www.racine.be ). 2009, 696 p., €24.95. ISBN 978-2-87386-607-5.
His father, François, became the pen for Jean Monnet when he drafted his Mémoires. He himself was the loyal assistant during the writing of “l'Inspirateur” until he died in 1979. Pascal Fontaine has also given himself as an ambitious project and seeks to write the history of the political group he served from the beginning of the 1980s. He became the deputy secretary general of the group after having been head of Cabinet for president Pflimlin. Hans-Gert Poettering entrusted this “veteran” with this mission and at the time that he was president of the European Parliament, he congratulated this man in the preface to his book, a man who, “successfully rebuilt an objective, intelligent and historically accurate history of the Christian Democrats at the European Parliament since the group's beginning there in 1953”. In an effort to meet this challenge (which had never been achieved before because the history of political group at the European Parliament had never been written about), François Fontaine is, it is true to say, in exactly the right place: his professional experience at the heart of the institution and the group, his knowledge of their cultures and procedures, expectations, successes and disappointments of MEPs and European civil servants with whom he was in constant contact, gave him a vantage point from the inside. In addition to his own experiences, he also explores different written sources - unique reports from meetings held by the group's different bodies, action decided upon at different seminars, study days, books of memoirs and internal notes, etc. - as well as interviews with former presidents and secretaries general of the group. His book is divided into three different periods: that of the pioneers of 1952 - 1979, the builders of 1979 - 1994 and the period of reconstruction. This clarification provides us with both an insight into developments at the Parliamentary institution and the Christian Democratic Group, which became the European People's Party in 1979. The book describes to what extent Parliament and Europe were built and affected by ideas, convictions and the struggle carried out by this political family. In the meantime, this group has opened up to the “moderates” and “conservatives”, which enabled it to become the biggest group in Parliament in 1999. It has remained so since then even though over the years it has lost the British and Czech conservatives, who are now part of the “European Democrats”. Pascal Fontaine describes this misalliance as, “political opportunities that are not sustainably viable if they question the very essence, organisation and its authenticity”. His group still seeks to serve, “a Union that makes progress in a balanced way in the world and whose gradual unity and internal solidarity are based on strong and democratic institutions, which ensure its capacity to take action”, which this book seeks to bear testimony to over a long period of time.
(MT)
*** PHILIPPE CATTOIR: Options for an EU financing reform. Notre Europe (19 rue de Milan, F-75009 Paris. Tel: (33-1) 44589797 - fax: 44589799 - e-mail: info@notre-europe.eu - Internet: http://www.notre-europe.eu ). Collection "Policy Paper", 38. 2009, 69 pp..
The author of this publication is an administrator at DG Budget at the European Commission, where he is working on the next financial perspectives. Philippe Cattoir is also an economist and in this short publication, produced by an organisation that is very dear to the heart of Jacques Delors (free on the organisation's Internet site), he provides clarification of problems involving future Union funding, a question that will dominate the Community political debate over the next few months and years to come. In it, he analyses politically sensitive and complex subjects such as own resources, correction mechanisms to adapt or remove and describes three possible reform scenarios.
(PBo)
*** JEAN-PIERRE PAGE (Editors): Tableau de bord des pays d'Europe centrale et orientale 2009. Centre d'études et de recherches internationales (56 rue Jacob, F-75006 Paris. Tel: (33-1) 58717000 - fax: 58717090 - e-mail: http://www.ceri-sciences-po.org ). "Les Etudes du Ceri" series, No. 161 and 162. 2010, 53 and 56 pp.
This is a classic study carried out by the Centre d'études de Sciences Po and is divided into two parts. It examines the situation in Central and Eastern Europe last year. In the first part, seven new Union member states are examined from an economic, social and political standpoint, in the last three - in alphabetical order - in the second, we look at Croatia and Serbia, as well as Russia and the Ukraine. In his economic introduction Jean-Pierre Pagé paints a picture that allows us to, “demystify the image of Central and Eastern Europe sinking like the Titanic but which has in fact been able to overcome the worst part of the crisis”, although there are contrasting situations and the tone would become even more worrying if things went down again. Jacques Rupnik believes that this crisis illustrates, “the dilemmas of Central and Eastern Europe”, and the end of the triptych of “democratisation-market economy-accession to the European Union” coupled with the liberal economic discourse that has triumphed in these countries since 1989.
(PBo)
*** DAVID BERGIUS: Die offene Frage des Privateigentums der Vertriebenen im deutsch-polnischen Verhältnis. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - fax: 3761727 - e-mail: info@peterlang.com - Internet: http://www.peterlang.net ). "Schriften zum internationalen und zum öffentlichen Recht" series, No. 83. 2009, 194 pp., €41.90. ISBN 978-3-631-59506-0
Before the collapse of the Eastern bloc, private property in Poland had been confiscated. Since then, these countries have joined the European Convention on Human Rights and the question of property rights has become a current issue again, particularly in relations between Germany and Poland. Although Poland has become a market economy, certain confiscation decrees, as well as some aspects of discrimination remain against German citizens having access to private property in Poland. In this book, David Bergius examines questions of discrimination in the context of the new European situation. Initially, he looks at legal provisions regarding private property in Poland and then examines contractual relations between the two countries. In the main part of the book, he analyses the legal provisions contained in previous decrees and their actual consequences, particularly in light of claims lodged in the courts. Finally, he compares European law with regard to the problems being tackled and then explores the individual implications of the different claims made, as well as the possibilities of finding a political solution to the problem.
(JD)