*** TAWHIDA AHMED: The Impact of EU Law on Minority Rights. Hart Publishing Ltd. (16 Worcester Place, Oxford, OX1 2JW, UK. Tel: (44-1865) 517530 - fax: 510710 - Email: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). "Modern Studies in European Law" series, No. 23. 2011, 209 pp. £45. ISBN 978-1-84113-872-5.
In the area of minority rights, is the European Union more likely to give lessons or to follow them? Writ large, this is the main message delivered in this book. This simplistic observation, however, includes a whole range of different nuances used in this quality scientific investigation, which can be explained with much more finesse by the author himself, the European Union, “can be seen as a promoter, but not a protector, of minority rights”, which does not conceal the fact that it also “holds significant potential for” improving the protection of these rights. Is this in fact the role designated to the European Union? Tawhida Ahmed is a senior lecturer at Sheffield University and immediately admits that contrary to the United Nations or the European Court of Human Rights, the EU27 does not have a remit for setting out standards in the area of minority rights. On the other hand, it is up to the EU to promote diversity within itself and member states, which also means that it is down to the Union to play a key role in the protection of minorities. Does the Union assume this role in the satisfactory way? In this book the author seeks to verify whether the Community legal framework constitutes an advantage or not in the protection of the different minorities living in the Union.
By evaluating Union law in this field with the law of other international organisations (rather than the law of individual states), Tawhida Ahmed begins by decoding the meaning and implications of the terms “minority” and “minority rights”. The author then provides an overview of the EU's legal order (still a controversial subject), in an effort to identify the precise nature of the legal acts linked to the theme examined in this book. Ahmed subsequenlty provides a meticulous examination of the competencies that can be linked to the subject of minority rights in all the different provisions of the treaties (obviously different articles, but also the preambles, protocols, etc.) and their relationship with this subject, whether they have a positive or negative impact in this connection. In the second part of the book, the author gets to the core of the subject and tackles the specific issues of cultural and linguistic rights. In this analysis, the author reveals that the Union's commitments in this field are minimal, even though it is undeniably involved in many activities for promoting diversity and that there is the potential for interpreting certain legal provisions - such as Articles 151 and 149 - more boldly in an effort to really support diversity. In the last part of the book, the author examines the whole range of legal instruments the Union has, in light of the specific case of the Roma minority, “the picture that emerges is that although the EU actively promotes Roma rights (e.g. rights relating to culture and participation in society), beyond the provision of formal equality, there are very few rights to which Roma are legally entitled and which they can therefore demand”.
All this could lead one to think that the problems encountered by certain minorities, whether they are cultural, linguistic or otherwise, are far from having been resolved and that if the protection of minority rights remains an imperative obligation on Union accession candidate countries, it is not the same thing once they are allowed into the club. This is not untrue. The author considers that Union law helps in the promotion of “protecting what is 'European' or what is important to the 'national' identities of Member States” and is less interested in, “the more complex forms of sub-national and minority identities”. Everything is therefore far from being perfect in even the best parts of the Union. Ultimately, the author is convinced that it is necessary to trust the Union in this arena as well. It is argued that its openness with regard to the promotion of different cultures broadly compensates for the absence of legal guarantees, in addition to the fact that, “huge efforts made to promote the employability of disadvantaged groups in EU Member States have inspired a determined focus on the combating of exclusion of minorities”. Ultimately, this justifiable criticism developed by the author is in many instances a positive observation too!
Pierre Bouvier
*** LOVEDAY HODSON: NGO's and the Struggle for Human Rights in Europe. Hart Publishing Ltd. (see address attached). 2011, 200 pp. £40. ISBN 978-1-84113-961-6.
Loveday Hodson is a senior lecturer in Law at the University of Leicester. In this book she provides a new and original point of view, strongly backed up scientifically, on the role played by non-governmental organisations in the context of the European Court of Human Rights. The author examines the different contentious issues in light of the action carried out by NGOs on the basis of the European Convention on Human Rights to help promote social progress in the areas they deem necessary. This book is mainly based on the rulings made by the European Court in Strasbourg, in addition to detailed interviews with NGOs involved in these matters. Ultimately, the author looks at the idea of these contentious issues being linked to the idea of developing individual justice and illustrates the significant impact that NGOs have had in certain important aspects of the cases submitted to the European Court of Human Rights. (PBo)
*** KATARZYNA ZENTNER: Mensch im Dunkel. Eine qualitative Fallstudie zu osteuropäischen Opfern von Frauenhandel. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). 2009, 357 pp, €53.10. ISBN 978-3-631-59554-1.
This book is primarily of interest to those involved in the field of women's rights and those who have a particular interest in psychological problems because the analysis provided by Katarzyna Zentner focuses on the psychological problems resulting from abuse committed against women, in this case woman from Eastern Europe and who have been “trafficked” elsewhere in Europe. On a level of methodology, the author draws from her interviews with the victims of this trafficking, which were carried out on the basis of a standardised questionnaire. In total, nine victims were interviewed and have their individual situations analysed. In the second half of the book, Katarzyna Zentner provides a brief biography of these nine young women and then analyses their different responses. All the quantitative data is examined in this part of the book, which formed part of the diagnostics at the end of the book. The first part of the book is more theoretical and the author seeks to provide the different elements required for fully understanding the diagnostics and the situation of the young women interviewed. After having put forward the different questions underpinning the book, the author looks at the different lives these women have led in their countries of origin before they became victims in this criminal enterprise. The economic, family and educational factors are examined in this part of the book. Afterwards, Katarzyna Zentner provides a detailed definition and explanation of the factors involved in the trafficking of women from Eastern Europe and in this connection she also provides statistics and information about assistance for helping the victims in Germany. The other parts of the book ultimately provide a psychological insight and analyses the trauma suffered by the victims, in addition to the typology and level of the different phases of trauma suffered by the victims. (JD)
*** DAVID PATERNOTTE: Revendiquer le “mariage gay”. Belgique, France, Espagne. Editions de l'Université libre de Bruxelles (26 av. Paul Héger, CP 163, B-1000 Brussels. Tel: (32-2) 6503789 - fax: 6503794 - Email: editions@admin.ulb.ac.be - Internet: http://www.editions-universite-bruxelles.be ). “Science politique” series. 2011, 215 pp., €20. ISBN 978-2-8004-1499-7.
This book is an extension of a PhD thesis in political science. It looks at why three European Union countries - Belgium, Spain and France - were the countries that, despite their different societies, shared a common demand by gay and lesbian groups to be able to legally marry and whether this demand has been met in a satisfactory way in the three states. The author is now head of research at the Free University of Brussels where he is jointly in charge of the workshops on gender and sexuality. He examines the different arguments used to this end and retraces the evolution of this demand until its ultimate recognition in law in Belgium (2003), in Spain (2005) and in France (2008). He also subsequently illustrates the significance of the different actors involved in this network and demonstrates that through the concept of the “velvet triangle” the struggle for this particular demand has been influenced by the different organisations in the social movement, which put this demand forward. In his study, he draws from a transnational comparison and a meticulous study of the different actors' undertaking and explains why activists in the three countries began to demand the right to marry in the period of around 1996-1997. The author also provides innovative arguments and argues that Europe should be considered as a transnational area. He highlights the role of exchanging experience between the militants of the three countries and looks at areas of convergence involving the demands of the actors, in addition to how the mobilisation of the social movements, public policies, Europeanization and International relations meshed with these demands. The author also ultimately assesses the consequences of adopting the law as the main matrix of the demand. Rather than considering the emergence of this demand for legal marriage rights as the logical consequence of the gay rights movement in the West, he supports the thesis of there having been a rupture with the former gay liberation movement's list of demands and that this has ultimately transformed the gay and lesbian movement over the past twenty years. (MT)
*** MARTIN RAMSPERGER: Die Terrorismusbekämpfung im Rahmen der Europäischen Sicherheits- und Verteidigungspolitik (ESVP). Peter Lang (see address attached). "Dresdner Schriften zu Recht und Politik der Vereinten Nationen / Dresden Papers on Law and Policy of the United Nations" series, No.8. 2009, 435 pp, €69.90. ISBN 978-3-631-59827-6.
Since the terrorist attacks of 11 of September 2001, in addition to those of London and Madrid, the European Union is attempting to develop an institutional common anti-terrorist defence mechanism for the future. This book addresses the different provisions in the European Security and Defence Policy (ESDP) related to this subject. Martin Ramsperger provides a primarily legal analysis of these provisions and his very pragmatic book is mainly aimed at professional practitioners in this field. The first chapter immediately enters into the heart of the subject by tackling the general legal bases to ESDP in the different treaties. He then locates these legal provisions in the context of the fight against terrorism after 11 September 2001 attacks and provides explanations regarding several of these different agreements. The third part of the book describes the different collective practices implemented in order to fight terrorism in the Union. Obviously, the resources available for countering the emergence of terrorist networks are discussed, as well as the collaboration between member states or their participation with each other at an international level. The fourth and penultimate part of the book analyses the legal basis underpinning the struggle against terrorism contained in the ESDP, such as those included in the Lisbon Treaty. The author does not simply provide a de lege ferenda analysis on the subject; the book also contains several brief explanations about the legal provisions that could be used in the event of a terrorist attack on European territory. (JD)
*** Archives de politique criminelle. Editions A. Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597 - fax: 46340760 - Email: librairie@pedone.net - Internet: http://www.pedone.net ). 2010, 330 pp. €38. ISBN 978-2-233-00601-1.
In her introduction, Professor Christine Lazerges (Université Paris I Panthéon-Sorbonne) immediately nails her colours to the mast. In this issue of this highly critical and independent scientific review she explores, “disturbing developments in social control, which indicate dehumanisation in the area of criminal law and the radical overhaul of procedures involving social control in a society of fear of the other and the exacerbation, indeed, perversion of the precautionary principle”. Startling, to say the least! This is a serious accusation to make and it gives an indication of the tone of the other contributions included in this book, which also denounce the increased criminalisation of behaviour in the public sphere. The following definition is given by Professor Pierrette Poncela (director of the Sense of the Criminal Law and Criminology at the University of Paris Ouest Nanterre), “the public space has been reduced but it is more under surveillance and control. It is saturated with restrictions that cannot be crossed. This public space at the beginning of the 21st-century is certainly the product of evolution in social relations and urbanisation but it is even more so the practical implementation of public policies where the translation of social problems in terms of risk (more particularly the risk of becoming a victim) is emphasised to excess”. More than one of the contributions, also contained in the part of the book on “Applied Criminal Policy”, highlight the emphasis of security in the public arena through measures promoting prevention, particularly the excessive use of video surveillance cameras, at the expense of social prevention at a community and human scale. There is also more than one article that analyses the stigmatising of certain categories of people in the public sphere. This applies to certain foreigners who are almost forced to live in secret and for whom the public sphere is a place of insecurity and in which it is even dangerous to venture or exist. This is also the case for some prostitutes, who can be stigmatised on two counts, that of being a foreigner and a prostitute in to the bargain! It also affects young people and those whose “noise and smell” might be interpreted as being bothersome. Pierre-Jérôme Delage (Université de Poitiers) even mentions certain sections of society that can be seen as legitimate “game” for the police. It goes without saying that this publication focuses on the situation in France but it also points out that this country is far from being alone when supposed or real disorders in the public sphere and can lead to a significant encroachment on public freedoms. The United Kingdom is a prime example in this respect. (MT)