*** SYLVAIN SCHIRMANN (editor): L'Europe par l'économie ? Des projets initiaux aux débats actuels. Presses Interuniversitaires Européennes / Peter Lang (1 av. Maurice, B-1050 Brussels. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). « Publications de la Maison de Robert Schuman - Études et travaux », No. 3. 2013, 214 pp. €26.80. ISBN 978-2-87574-052-6.
This book brings together the work undertaken during three study days organised by the Maison de Robert Schuman, which, just over a year ago, brought together a number of historians, legal experts, economists, political scientists and geographers. Not all of them confirmed that kick-starting Europe by way of the economy, in these times of deep crisis, is a potentially profitable recipe. After all, there's nothing to prove that the functionalist method promoted at the beginning does not, in the end, lead to an impasse. Schuman, inspired by Jean Monnet, however, promoted a succession of areas involving specific examples of solidarity in the economic field, so that ultimately in the context of political integration, a federation would exist, as explicitly envisaged with the declaration on 9 May 1950 (which too many people have sought to forget during the different enlargement processes). Nothing would rule out, however, that the current storm could lead to certain irresponsible politicians in this moment to favour increasing isolationism in the defence of national economic interests.
Was the mistake of the “founding fathers” to think that this gradual process would have an automatic result or as Professor Christian Lequesne (Sciences Po) explains, “the transfer of sovereignty towards a new European political authority would substitute itself for the nation state?” Several authors have been inclined to respond to this question by pointing out that the different populations in member states were not yet ready for this ultimate goal. This is the view expressed by Sylvain Schirmann, who, in the introduction, points out that European citizens remain, “ inclined to take refuge in the bosom of the nation and appear reticent to make the shift to a political Europe”. The chairman of the Maison de Robert Schuman's scientific committee points out that, “in every referendum organised since 1992 on moving forward to a political Europe, there has been a rejection in one of the member states” where the referendum took place. The same viewpoint is expressed by Professor Lequesne who, in his conclusions, explains that, “few societies have been… prepared” to accept the “political coronation of the Economic and Monetary Union”. Really? Were the countries in the Eurozone not duly and clearly consulted in this connection? And is it really reasonable to ask citizens to express their points of view on treaties which by their very nature are opaque to read and incomprehensible and whose only real merit was to enable national political parties to use them for strictly political ends. In reality, no one knows what European citizens really want and it is worthless to attempt to make any pre-judgements in this connection!
Fortunately, the views expressed in this book are less controversial. In the first part of the book, it is the legacies and historic inheritance that are revisited, such as the economic and monetary regionalism that has existed in Europe throughout the 20th century up until today. The ambivalent relationship between the High Authority of the Community of Coal and Steel and the steel cartels, in addition to the positions taken by the economic actors and their respective networks operating in the extended European market, are also depicted. The historian, Andreas Wilkens, looks at the reasons that led to the introduction of monetary Europe and Ivo Maes looks at the different conditions underpinning the creation of the euro, starting with the role played by Alexandre Lamfalussy. The second part of the book looks at the current debates and contains contributions focusing on European budgetary policy, the clash between economic and non-economic interests in the internal market, Common Agricultural Policy, the development models that should be followed by central Europe and, “respect for national identity of member states… illustrative of the difficulties involved in building a political through the economy”.
Let's focus, above all, on the categorical responses provided by Michel Dévoluy with regard to the question of whether the euro has been a failure. This emeritus Professor from the University of Strasbourg warns that, “although the goal of a political federation at this stage remains utopian, the Eurozone is slowly crumbling away”. He believes that if we are serious about finding a crisis exit strategy from our leaders, we need to, “circumvent the centrality of the European Council and create greater room for citizens”. This would involve formally introducing an attractive and federalising project, on the basis of clear and precise deadlines which would help to bring more tangible added value in terms of, for example, sustainable growth, “protection against unbridled globalisation”, “European public goods”, “upward convergence in international social models”. Would there really be many citizens who would be opposed to this?
Michel Theys
*** BRUNO COLMANT: Capitalisme Européen: l'ombre de Jean Calvin. Académie royale de Belgique (1 rue Ducale, B-1000 Brussels. Internet: http://www.academie-editions.be ). "L'Académie en poche" series, No. 27. 2013, 131 pp. €5. ISBN 978-2-8031-0378-2.
Is a Catholic and even more orthodox Europe suffering (at the heart of the crisis that has been ravaging the continent since 2007), the collateral effects of the Reform introduced by Luther and Calvin and whose Anglo-Saxon economic model could be one of the consequences? In this small book, the Belgian economist Bruno Colmant does not provide his readers, as explained by Philippe de Woot in his preface, with a theological treatise but rather an extremely valuable “fundamental reflection” on “the real dimensions of economic analysis: historical perspective, the influence of culture and choices of development” in this period in which we live. In response to the question of what impact Protestantism had on the economy, the author explains that its great advantage was to give moral and political legitimacy to the economic behaviour that had recently developed in open maritime cities, which, from the outset, were the real driving forces behind capitalism. The authors highlight the influence of religion and culture on economic ideas and action and demonstrates how this Reform changed, for example, the relationship towards money and the attitude to interest rates. The Protestant approach helped to place the economy under the guidance of reason and the freedom and responsibility of the very actors themselves. In the preface, the author explains how Calvin and Luther, however, bestow the economy with, “a spiritual dimension, based on asceticism, compassion and charity, as well as a moral dimension, based on the primacy of income derived from work, above that of capital”. This is a very timely reminder. Bruno Colmant also seeks to compare two current capitalist models, namely the Anglo-Saxon model, which is more Protestant and the more Catholic Latin model. He illustrates how the economic sphere is increasingly dissociated from ethics and policy and in this Colmant observes signs of a “weary capitalism”, which he believes should be superseded by building a new model combining social justice and dynamism. His ideas and reflections with regard to whether the euro is a “Protestant currency” are also worth reading. In this part of the book, the author explains how Protestantism could explain why debt is unhealthy in German eyes and that the term in German also means “fault”. The author also argues that management of the dollar could be described as “pagan” and that, above all, Catholicism has always thought that depreciation of money is acceptable and should be subordinate to power. This opposition of cultures and religions therefore currently crystallises on the question of the single currency and which, “reveals ancestral dissensions”, which should give way to economic and budgetary rapprochement if we are serious about guaranteeing the sustainability of the single currency …
(MT)
*** THEODORE KATSANEVAS: Η απομυθοποίηση του ευρώ (La démystification de l'euro). 41 απαντήσεις για την επιστροφή στη δραχμή (41 réponses pour revenir à la drachme). Editions Livanis (98 Solonos, GR-10680 Athens. Tel: (30-210) 3661200 - fax: 3617791 - Email: webmaster@livanis.gr - Internet: http://www.livanis.gr ). 2012, 101 pp. €10. ISBN 978-960-14-2537-5.
If we go back to the drachma does it mean a return to the Middle Ages? Will we still have medicine, food, raw materials and fuel? How will the state pay wages and pensions? Given our international debts, what will happen to our banks deposits and the loans granted us? Will foreigners buy what we manufacture at half price? Will we be submerged by inflation? Will be cut off from the markets? Will neighbouring countries be able to encroach on our national territorial integrity? Will we be forced to leave the European Union and live in isolation? Is there any hope at all for the future? This lecturer at the University of Piraeus attempts to answer these and many other sometimes painful but crucial questions. This former Socialist minister, Théodore Katsanevas, develops his ideas on the basis of scientific arguments and financial data but his personal and politically orientated position is categorical: it will be necessary to return to the drachma soon.
(AKa)
*** ENRICO ADRIANO RAFFAELLI (Editor): Antitrust Between EU Law and National Law - Antitrust fra diritto nazionale e diritto dell'Unione europea. Éditions Bruylant (Groupe De Boeck, 39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482511 - fax: 482693 - Email: command@deboeckservices.com) and Giuffrè Editore. 2013, 622 pp. €125. ISBN 978-2-8027-3959-3.
This volume describes the acts introduced during the 10th Treviso Conference. For the past twenty years, this has been organised every two years by several European groups, including the European Lawyers Union. This book covers the work going back to May 2012 and it should be pointed out that many of the contributions included in the book have been revised and added to since then. They are all published in English and Italian, with one in French. These are high level specialist contributions and tackle important burning issues. Some of the questions looked at involve the retail sector and merger controls at national and European levels. Some of the themes discussed during the conference and in the book include the different aspects of assessing and quantifying damages caused by anti-trust infringements from economic and legal perspectives, as well as reflections on the role of judges in the application of anti-trust law. The future of anti-trusts in a now globalised context is meticulously examined. The book also includes a reference section, which will obviously be appreciated by specialists in this domain.
(PBo)
*** NIKOLAUS PITSOS: Die erhebliche Behinderung des wirksamen Wettbewerbs (SIEC-Test) im Fusionskontrollrecht. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - fax: 3761727 - Email: info@peterlang.com - Internet: http://www.peterlang.com ). "Veröffentlichungen des Institutes für deutsches und europäisches Wirtschafts-, Wettbewerbs- und Regulierungsrecht der Freien Universität Berlin" series, No. 38. 2012, 401 pp. €69.95. ISBN 978-3-631-62720-4.
By moving from market dominance, to the so-called “SIEC Test” (Significant impediment to effective competition), material law used to control concentrations in the Union moves closer to that of US law. In this thesis, Nikolaos Pitsos examines the practical implications of this new regulation and provides a critical analysis of it. In so doing, the author examines decisions made by European and US courts, as well as those by the European Commission in this field. He also explains the principles on which these decisions are based. The damaging effects on competition caused by an oligopolistic structure (unilateral effects) are analysed in this context by distinguishing these effects on a market of homogenous and non-homogenous products. Finally, the new approaches such as those adopted in the Mergers Simulation Models or consumer preference for unilateral effects are subject to a singularly specific analysis.
(GLe)
*** HARRY NETTLAU: Die kollisionsrechtliche Behandlung von Ansprüchen aus unlauterem Wettbewerbsverhalten gemäß Art. 6 Abs. 1 und 2 Rom II-VO. Peter Lang (see address details attached). "Publications Universitaires Européennes / European University Studies" series, No. 5485. 2013, 296 pp. €57.95. ISBN 978-3-631-64282-5.
Article 6 paragraphs 1 and 2 of the Rome II regulation effectively creates European legislation on the rules in conflict law applied to unfair competition. In this connection, Harry Nettlau examines how these standards function in the complex historical context of their own origins and development as part of European law on “unfair competition”. The author examines application of the article in question by taking into account its doctrinal basis and the way in which infringements involving several member states at the same time are tackled. It also substitutes application of the European standard in a German context by underlining the pre-existing legal basis in German law on unfair competition by highlighting the similarities and differences between European and German legislation in this field.
(GLe)
*** KATARINA GÜNTHER: Vertrauensschutz bei Angaben Dritter im Umsatzsteuerrecht. Peter Lang (see address details attached). "Finanz- und Steuerrecht in Deutschland und Europa" series, No. 22. 2013, 315 pp. €59.95. ISBN 978-3-631-64466-9.
This thesis examines how persons acting in good faith are protected in the context of declarations by legal third parties in the law on indirect taxation. After having identified and presented appropriate examples, Katarina Günther analyses German and European jurisprudence in this area, as well as the influence of the latter and how German legal jurisdictions apply the rules of the European Court of Justice. It also highlights the different protection modes possible and required for the protection of persons acting in good faith in a German context. The proposal for developing existing legislation runs through the entire publication.
(GLe)
The next European Library, No 1030, will be published on Tuesday 7 January, 2014. In the meantime, may we wish all our readers Seasons Greetings and a Happy New Year!