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Image header Agence Europe
Europe Daily Bulletin No. 10397
Contents Publication in full By article 33 / 34
SUPPLEMENT / European library n° 918

*** BEA CANTILLON, PATRICIA POPELIER, NINKE MUSSCHE (Editors): Social Federalism: The Creation of a Layered Welfare State. The Belgian Case. Intersentia Publishers (31 Groenstraat, B-2640 Mortsel, Belgium. Tel: (32-3) 6801550 - fax: 6587121 - Email: mail@intersentia.be - Internet: http://www.intersentia.be ). « Social Europe Series” series, No. 27. 2011, 290 pp, €74. ISBN 978-94-000-0166-4.

In this very informative book, eminent scientists tackle the way in which social policy in Belgium is developed on a federal basis in what could be called a new European “laboratory”. It should be quite clear that this founding member state of the European Union is not only in the news for bad reasons, such as its unprecedented and sustained politico-governmental crisis. It is also in the news because it is undergoing “an important test” with regard to jurisprudence in the Union and the devolution of competencies and social policy to subnational entities. Although Belgium has experienced its own political constitutional problems, it should also be examined as an example of comparative study because, as Professor Arthur Benz (political science at the University of Darmstadt) points out, “in one way or another, the interplay between nationalism, regionalisation, decentralization and social policy are of considerable importance in many countries”.

In this book, Belgium is taken as a case study and an example of what lessons can be drawn from the experiences of this country in this connection. Therefore, the introduction, “Belgium for beginners” sets the scene in just a few paragraphs and the historian Herman Van Goethem (University of Antwerp) seeks to explore the social causes of “national partition”. It should be noted that although the different authors writing in this book come from the north of the country, their contributions are all scientifically robust and do not give in to any partisan approach, even if a number of Dutch-speaking concerns predominate in certain parts of the book. The book is, in any case, extremely comprehensive and contains several contributions to demonstrate how the European dimension has a huge impact on the domestic constitutional workings of Union member states and how the impetus towards devolution, regionalisation and the allocation of competences at the most appropriate level of state governance is not exclusively a concern of Belgium alone.

The authors' observations are as follows: firstly, the Belgian welfare state has developed into a “a layered welfare state, where the classical national level of social security has become intertwined with the supra-national level (EU social policy and legislation) and the sub-national entities (Flanders, Wallonia, Brussels”. This stratified welfare state has had to confront different sources of tension arising from the different levels of power, with each of them fighting their own individual corner on the principle or “dogma” of being exclusively responsible for its own area of governance as recognised by the Belgian state. Subsequently, there is an, “inevitable overlapping and crossing of each others' competences”. The authors therefore consider that the homogenous competence packages and the exclusivity principle are outdated. This affirmation is made in no uncertain terms from the outset by Béa Cantillon, Patricia Popelier et Ninke Mussche (all of them from the University of Antwerp): in order to tackle the complexity of social policy today, Belgium has to develop a system of shared competences that run in parallel or concurrently and which link, “a high degree of coordination and cooperation between the different levels of government”. In practical terms, the authors argue through this immensely comprehensive book that, “shared powers based on subsidiarity” provide more guarantees to citizens, which is a powerful message to send out and not for the citizens of Belgium alone!

Michel Theys

*** CHARLES BRICMAN: Comment peut-on être belge ? Flammarion (87 quai Panhard et Lavasseur, F-75647 Paris cedex 13. Tel: (33-1) 40513100 - Internet: http://www.editions.flammarion.com ). "Café Voltaire" series. 2011, 125 pp. €12. ISBN 978-2-0812-5573-9.

Let's stay in Belgium for the moment. After all, this little country has in its own way created enough cold sweat in Europe to warrant a detailed examination. Charles Bricman is a journalist of the “old school”. He hankers after an era when newspapers were sold for the quality of the content, insight and meticulous approach of their lengthy investigations, the pertinence and impertinence of their commentaries. This was an epoch when newspapers had a rather healthy circulation, better than now, in any case, and where their only added value was often found in their “opinions” and “right of reply” columns that were not exclusively written by staff hacks. What constituted a good newspaper in this era (not that long ago, even though it might seem like light years away for the scribes of the old guard) is described in almost flesh and blood detail in this small but excellent publication. The chapters of this publication read as if they were part of a series of seven or eight articles published on a daily basis to provide different aspects and angles of the subject for the reader, with all the different elements that enable him to develop a fully informed opinion on the subject. In this book, Charles Bricman is entirely successful in his objective and in it he describes his own Belgium, together with his own convictions and doubts. For the author, only wisdom and modesty of perception as bequeathed this political journalist and legal expert constitute the right and only approach. Is he right on all counts? Obviously, not everyone is going to agree with him on everything. Readers will, however, gain valuable insight from this brief, informative and lively essay, in addition to a reliable idea about what exactly is concealed behind the Belgian conundrum and why exactly it has come to be stuck in its current quagmire. It should, therefore, provide a valuable lesson for all Europeans for whom this is their country of adoption or regular destination, even though some of them will quite naturally confuse “a founding father of Europe” with a composer but then again nothing is ever perfect! (MT)

*** HANS PETER AUBAUER, HERMANN KNOFLACHER, KLAUS WOLTRON: Kapitalismus gezähmt? Sozialer Wohlstand innerhalb der Naturgrenzen. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen, Switzerland. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). 2010, 298 pp, €27.90 and. ISBN 978-3-631-58919-9.

The theme of a tamed kind of capitalism is often exploited by political figures during election meetings and press conferences. The Vienna Club the think tank, whose main activity focuses on questions linked to economic governance takes this as its main examination subject. Over a period of three years, the members of this group (including the three authors of this book) have analysed this issue and provide a physical and pragmatic dimension to it, particularly in the way that they highlight the use and management of natural resources. Although this book is mainly composed of the conclusions to their research over the past three years, the authors also go beyond an exclusively economic and social approach linked to the capitalist system and most of their writing on this subject looks at the depletion and distribution of natural resources among the population. The writers are not economists but rather scientists (Aubauer and Knoflacher) and an entrepreneur (Woltron) and they reach a clear and unequivocal conclusion that highlights their total scepticism about the sustainability of the current economic system. Their analysis is based on pragmatic considerations backed up by appropriate data but the social dimension is also tackled, particularly when the authors highlight the way in which wealth and natural resources are unequally distributed. The first chapter of the book focuses on the European dimension and includes a profound insight into the current state of natural resources and biodiversity. In the second part of the book, a variety of results emanating from three years of research carried out by the Vienna Club are presented, including the concept of a tamed capitalism promoted by the European Union (a subject of much lively debate), in addition to what future action should be taken to tackle the question of the depletion of natural resources. (JD)

*** Causeur. Causeur.fr (9 rue Léopold-Robert, F-75014 Paris. Email: info@causeur.fr - Internet: http://www.causeur.fr ). May 2011, No. 35, 48 pp. €5.5. Subscription: €55.

This monthly publication has a high profile on the Internet. It is difficult to describe this specific issue, which fuses a certain informed intellectual conservatism with an amazingly un-encumbered literary tone and astonishing insight. This is borne by the different contributions making up the main feature of the publication on who is going to win the vote of the masses during the French presidential elections. The economist, Jean-Luc Gréau, provides a few rather alarming reflections about the single currency and its governance. (MT)

*** PETER J. OLIVER (editors): Oliver on Free Movement of Goods in the European Union. Hart Publishing (16c Worcester Place, Oxford, OX1 2JW, UK. Tel: (44-1865) 517530 - fax: 510710 - Email: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). 2010, 534 pp, £95. ISBN 978-1-84113-810-7.

This is an impressive book and not simply because of its imposing size or its impeccable delivery but mainly because of its comprehensive coverage and the quality of the commentaries it contains. It is, overall, an essential point of reference for everyone, whether they are legal experts or teachers and whether they have to juggle with the subtleties and complexities of European law on the free movement of goods in the Union. Its appearance is not deceptive either and this is its fifth edition, which signifies that it has indeed met a real need for information on the subject. It is also quite clear that this book deals with other subjects relating to the articles of the different European treaties and linked to this subject and the way they are numbered under the Lisbon Treaty (the old way of numbering has been included in brackets, together with a table outlining their equivalence in the annex). Jurisprudence rather than legislation is discussed in this publication. Obviously, new rulings will not be in short supply in all the different areas, in addition to quantitative restrictions on the specific provisions relating to the European economic area, which will also include measures of equivalence on intellectual property rights over the next few months and years. This will subsequently an updated version of this book on this crucial area. The writer, Peter J. Oliver, is a legal adviser to the Commission and a lecturer at the Free University of Brussels. He initially began this kamikaze adventure alone but was later joined by two lawyers (Malcolm Jarvis and Christopher Stothers), three university lecturers (Stefan Enchelmaier, Angus Johnston and Stephen Weatherill) and Sven Norberg (former director of legal affairs at the European Free Trade Association Secretariat, former judge at the EFTA Court and former director at DG Competition at the Commission) who have assisted him in this mammoth task and have subsequently helped him provide additional intellectual vigour to this publication. (PBo)

*** SONJA E. KESKE: Group Litigation in European Competition Law. A Law and Economics Perspective. Intersentia Publishers (see above). "European Studies in Law and Economics" series, No. 1. 2010, 274 pp, €72. ISBN 978-94-000-0084-1.

Sonja Keske is an economist and graduate of law from the University of Tübingen, Ghent and Rotterdam. She was one of the first students on the Erasmus Mundus doctorate course " European Masters in Law and Economics” at the universities of Rotterdam and Bologna. This brilliant academic career included a Ph.D. thesis, the main thrust of which is included in this book. The author provides a far-reaching insight into the problems linked to competition barriers and the different ways of compensating those who fall victim to them. In practical terms, although the European Union has always sought to ensure respect for competition law through the different public authorities, the Commission is now open to the idea of public action including an anti-trust remit that incorporates private action to enable different parties seek damages. Therefore, Professor Roberto Pardolesi (University Guido Carli) in his preface to this industrious intellectual undertaking, “explores the philosophical foundations to this approach” and examines all the different technical, economic and legal factors that seek to undermine it. To this end, the author proceeds to a comparative study of the different legal traditions on the subject in the US, the United Kingdom and Germany. It also focuses particular attention on the less controversial question of collective action in this field. (PBo)

*** CLAUDIA DESOGUS: Competition and Innovation in the EU Regulation of Pharmaceuticals. The Case of Parallel Trade. Intersentia Publishers (see address attached). "European Studies in Law and Economics" series, No. 4. 2010, 340 pp, €80. ISBN 978-94-000-0147-3.

This publication is the extension of a very high academic research undertaking. The book is written by a young legal expert and economist and seeks to assess the impact that the parallel trading of pharmaceutical products has on consumers' well-being. It does not seek to verify whether this trade is good or bad for society but rather to examine, from a legal and economic point of view, whether the legal framework currently applied to this kind of trade is the most appropriate and up to speed with economic theory or whether, on the contrary, changes should be introduced and if so, what they should be. To this end, Claudia Desogus explores the legal principles underpinning current policy on this subject and subjects them to a comparative examination with economic theory. Her study incorporates all EU 27 member states (obviously, focusing on some more than others) and also covers the USA, which is a crucial area in the pharmaceuticals field and the exact opposite of the Union when it comes to regulating the sector. (PBo)

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