*** Europe's World. Europe's World (Bibliothèque Solvay, Parc Léopold, 137 rue Belliard, B-1040 Brussels. Tel: (32-2) 3008958 - fax: 3008950 - Email: subscriptions@europesworld.org - Internet: http://www.europesworld.org ). 2012, No. 22, 146 pp. Subscription: €30 (one year) or €50 (two years).
The autumn edition of the pan-European journal edited by Giles Merritt was subject to a mix up in the books that should have been reviewed in Bibliothèque européenne and it didn't deserve this treatment. Once again, this publication, which is supported by the Friends of Europe organisation, distinguishes itself by the wealth and eclectic choice of the themes it tackles, as well as the quality of the writers contributing to it. In this issue, particular attention is paid to the Eurozone crisis which, as the editor-in-chief confirms in his editorial, is quite simply the symptom of extremely deep structural deficiencies that the Union is suffering from and which undoubtedly threatens it with “inexorable decline”. This explains the many different doctors who, in these pages, are gathering round the patient and which, in this case, is embodied by the countries that belong to the single currency. One of its founders, the Danish economist Niel Thygesen, was a member of the Delors committee on Economic and Monetary Union. He subsequently explains why a full-scale treaty change is not required to save the euro, while Razeen Sally, director of the European Centre for International Political Economy in Brussels puts forward a Plan B to contain the fallout from a possible shattering of the euro which would be a “dreadful error” because its survival was linked to that of the single market and indeed to the Union itself. Former MEP, Carlo Secchi, explains how the political elite in euro zone countries should behave if they are going to restore their own credibility and regain the trust of their citizens.
The fact that this issue is of burning contemporary interest is mainly down to Jean-Claude Piris who explains how a two-speed Europe could take shape in an effort to save the single currency, given that it is now accepted that cohabitation between centralised monetary policy and decentralised economic-budget policies is now definitely a thing of the past. Two scenarios are possible, according to this former very respected director general of the Council's legal service. Firstly, that of voluntary cooperation which, ideally, would include all the different members of the euro zone as part of Article 136 of the treaty on the functioning of the Union and Article 138 which would also enable them to set up a single entity at the International Monetary Fund and the World Bank. In order to avoid being seen as a group that exclusively deals with economic questions or worse, austerity policies, this group could also decide to extend its enhanced cooperation to other areas such as certain aspects of taxation, immigration, Justice and… defence. The second scenario would involve certain countries developing an international treaty between them, which would be added to the European treaties. This would obviously create a number of political and institutional questions to solve, which this legal expert looks explores. He also looks at significant problems that could crop up such as the way in which it would work with the institutions such as the European Parliament and the Commission. Judging by the evidence, there would be a lot of trials to overcome but what is certain, according to Jean-Claude Piris, is that a lot is still possible for those who are not resigned to seeing the Union and its monetary project die and wither away. He believes that there is only obligation and tha is to refrain from inflicting damage on the Union itself.
Michel Theys
*** The Federalist Debate. Papers on Federalism in Europe and the World. Einstein Center for International Studies (26 via Schina, I-10144 Torino. Tel./fax: (+39-011) 4732843 - Email: info@centroeinstein.it - Internet: http://www.federalist.debate.org ). 2013, No. 1, 64 pp Annual subscription: €15, $18.
In a way that is perfectly understandable, this emblematic federalist publication reserves pride of place in its first issue of the year to the crisis sweeping the Eurozone and, by extension, to the European Union as a whole. Therefore, in the “Borderless Debate” section, which on this occasion focuses on the theme of “constitutionalising the Eurozone”, there is no doubt that this is a burning contemporary issue. In this publication we also discover the contribution by Jean-Claude Piris, who is also mentioned above (which again confirms his importance), together with an essay by Professor Dusan Sidjanski, a close adviser of president Barroso. The essay focuses on the way in which Eurozone members should use the different instruments provided by the Lisbon Treaty in order to develop enhanced cooperation between them, whilst at the same time avoiding any threats being made to the Community framework. Their objective is therefore one of showing the way towards a Federation of European States, according to the terms used by the president of the Commission in his speech on the State of the Union on 12 September last. One contribution in this section includes that of Andrea Enria, the president of the European Banking Authority, which looks at the future of Europe from the point of view of the Banking Authority. The other contribution is by the president of the Centre for Studies on Federalism, Roberto Palea, who calls for a Financial Transaction Tax to immediately start the fiscal union in the Eurozone. The perspective is widened even further with the contribution made by Jo Leinen MEP who calls for a European Social Pact to be concluded as soon as possible, to ensure that European citizens are no longer left out of European construction as they are today but who are, nevertheless, suffering from the full force of “the tightened budgetary rules and austerity measures”. The MEP also argues that the supremacy of economic rights over social rights is no longer tenable. Barbara Spinelli, argues that the Union has become “a construction which is deconstructing itself”. Lucio Levi claims that “the cost of non-Europe has become unbearable for the citizens, the workers, the young and the women”. The editorial argues that the only solution to this situation is that the Eurozone creates a federation.
(MT)
*** PATRICIA POPELIER, ARMEN MAZMANYAN, WERNER VANDENBRUWAENE (Editors): The Role of Constitutional Courts in Multilevel Governance. Intersentia Publishing (31 Groenstraat, B-2640 Mortsel. Tel: (32-3) 6801550 - fax: 6587121 - Email: mail@intersentia.be - Internet: http://www.intersentia.com ). « Law and Cosmopolitan Values » series, No. 3. 2013, 310 pp. €75, £71, $101. ISBN 978-1-78068-106-1.
In this high-level scientific publication, legal specialists in constitutional law explore how institutional developments over time at a level of the European Union and member states, have transformed the very notion, shape and substance of the constitutional judicial review. In actual fact, the constitutional judicial review only began at the beginning of the 19th century in the US and had to wait around 100 years before beginning to gradually take root in European countries. Nonetheless, it has become part of the scenery and European constitutional courts have expanded to now include the European Court of Justice and the European Court of Human Rights among its illustrious guild. This book stems from a seminar held at the University of Antwerp almost two years ago and examines the rise in power of the constitutional judicial review, the challenges created by its practice at all the different levels, as well as the new concepts of governance that result from it. In a very practical way, the authors focus on four major roles, new and old, that the appropriate courts involved in the constitutional judicial review assume in today's Europe, namely in the role they play as guardians of fundamental rights, watchdogs over the institutional balance, forums for deliberation and regulatory watchdogs. Obviously, the thirteen chapters making up this book are too dense to sum up in just a few words but it is also quite evident that constitutionalists overall, as well as legal experts, will find a treasure chest in this book and much food for thought.
(PBo)
*** RENE J.G.H. SEERDEN (Editor): Administrative Law of the European Union, its Member States and the United States. A Comparative Analysis. Intersentia Publishing (see address attached). « Ius Commune Europaeum » series, No. 109. 2012, 392 pp. €80, £76, $112. ISBN 978-1-78068-109-2.
This is the third edition of this book in ten years and in it Professor Seerden seeks to provide his students at the faculty of Law at the University of Maastricht, as well as other students of law at other establishments, an introduction to the most important aspects of administrative law in Germany, France, the Netherlands and the United Kingdom (Belgium has not been included in this edition) as well as in the European Union and the US. Each case is tackled on the same basis, which facilitates comparison but still enables the authors to emphasise certain aspects as they see fit. All of them, however, provide an insight into administrative law in the country they cover (particularly in light of the impact of European or international law on it). They look at who it is administered by and how, as well as the instruments the respective administration has at its disposal, in addition to the rules and principles governing administrative action, access to (administrative) courts against administrative actions / decisions, as well as the enforcement of this law by the administration in question and its financial responsibility in the event of legal action being taken and the consequent developments that could occur in the future. This panorama enables Professor Seerden to highlight in his conclusions how the formal differences observed have a significant impact on, “the rule of law common to all the systems addressed”, as well as the influence exercised by the European Court of Justice and the European Court of Human Rights on administrative laws in member states, which indeed confirm that an Ius Commune is currently being erected.
(PBo)
*** CHRISTINE KADDOUS, DIANE GRISEL: Libre circulation des personnes et des services. Éditions Helbing Lichtenhahn (8 Elisabethenstrasse, CH-4051 Basle. Tel: (41-61) 2289070 - fax: 2289150 - Email: info@helbing.ch - Internet: http://www.helbing-shop.ch ). "Dossiers de droit européen" series, No. 26. 2012, 1.036 pp. €129, CHF168. ISBN 978-3-7190-2199-3.
In this impressive book, the different facets of European law on the free movement of people are described in both an exhaustive and very clear way. Professor Christine Kaddous (University of Geneva) and her research assistant have been able to include the most recent developments in this book resulting from the entry into force of the Lisbon Treaty, as well as the legislation of the Union and the jurisprudence of the European Court of Justice up until 30 September 2011. In the first part of the book she illustrates notions of Union citizenship, which has become a central element in the free movement of people and an autonomous source of real and very concrete rights. The following chapter focuses on the free movement of salaried workers, which is the most established element contained in the free movement of people. The freedom of establishment it is then analysed, which guarantees access to non-waged activities and the exercising of them, as well as the setting up and management of companies. A substantial part of the book focuses on the politically sensitive question of the free provision of services. The author subsequently tackles themes relating to the recognition of professional qualifications and the coordination of Social Security. Given the origins of the book, no one should be surprised that the seventh and final chapter looks at the 1999 agreement on the free movement of people between Switzerland and the European Union. A table of contents illustrating different legal decisions made in this field is also provided, as well as a detailed index and selective bibliography that lists books, special studies, articles and analyses of the themes tackled in this book completes this valuable working tool.
(PBo)
*** CARLOS ESPLUGUES, JOSE LUIS IGLESIAS, GUILLERMO PARALO (Editors): Civil and Commercial Mediation in Europe. National Mediation Rules and Procedures / Volume I. Intersentia Publishing (see address attached). 2013, 539 pp. €145, £138, $203. ISBN 978-1-78068-077-4.
With Directive 2008/52/EC, the European Union confirmed its wish to promote mediation as an extrajudicial resource for settling civil and commercial disputes at national and cross-border levels. Has this directive been transposed appropriately by member states? In order to answer this question, the University of Valencia set up a collective of universities and legal institutions that developed a research project that the European Commission's Directorate General for legal affairs oversaw and funded. This book uncovers the project's initial results and offers a comprehensive radiography of the legal situation in which mediation operates in each of the different member states. It also looks at the way in which each of the national legislators transposed this directive, which the editors of this book describe as consisting of a very schematic structure on certain fundamental questions. Intuition is definitely drawn on in addition to the scientific rigour underpinning this research project and this is confirmed in its initial results. Most of the results have been elaborated on the same structure and the different national studies reveal a lack of full harmonisation, which in the long run could undermine mediation. There are so many failings that the researchers illustrate but for which they seek to formulate suggestions for a review of the directive planned in May 2016. These recommendations are expected in a second volume, which will also tackle the specific issue of cross-border mediation.
(PBo)
*** Dokumente / Documents. Zeitschrift für den deutsch-französischen Dialog / Revue du dialogue franco-allemand. Verlag Dokumente (86 Dottendorfer Strasse, D-53129 Bonn. Tel: (49-228) 92129365 - fax: 690385 - Email: aboservice@dokumente-documents.info - Internet: http://www.dokumente-documents.info ). 2013, No. 1, 114 pp. €7 subscription: €28.90 (Germany), €32.90 (Europe).
This issue of the review founded by Jean du Rivau includes a fourth and final feature article focusing on the 50th anniversary of the signing of the Élysée Treaty and one of its most decisive results, namely the Franco German Office for Youth which the editor-in-chief, Gérard Foussier, describes in his editorial as the, “fuel in the Franco German engine”.
(MT)