*** PAULINE SCHNAPPER: Le Royaume-Uni doit-il sortir de l'Union européenne? La Documentation française (Direction de l'information légale et administrative, 29 quai Voltaire, F-75344 Paris cedex 07. Tel: (33-1) 40157010 - Internet: http://www.ladocumentationfrancaise.fr ). "Réflexe Europe - Débats" series. 2014, 164 pp, €9. ISBN 978-2-11-009464-3.
Much ink has flowed on the subject of the United Kingdom's behaviour since the day it joined the European club. This applies on the 'continent' where the UK's positioning constantly raises questions and doubts among European analysts, leading them to vacillate between incomprehension and, more frequently, irritation or even downright anger that some no longer attempt to hide. It also applies in the United Kingdom itself, where the tabloid press - and unfortunately also the broadsheets - reduce Europe to 'Brussels' that they see as the source of all evil and hence as an enemy to be put down in order to save national sovereignty.
One of the merits of this book by Pauline Schnapper is that it explains the British case in a brief but very comprehensive manner, explaining how and why the UK finally decided to join the European club of Bourgogne and/or Pils drinkers without ever giving up on the idea of gradually turning it into a tea-drinking club. Professor of Contemporary British Civilisation at Université Sorbonne Nouvelle - Paris 3, the author starts by demonstrating that David Cameron does not innovate so much as copy because it was one of his predecessors, Harold Wilson, who came up with the idea of holding a referendum on whether the UK should stay in the European Economic Community that it had just joined, under better conditions to pander to sections of the Labour Party, which back then had similar disagreements with Europe as the Conservative party has today, and were unhappy that the country had joined Europe. In the second part of the book, the author examines the reasons for the difficult decision, be it the special nature of the UK with its parliamentary sovereignty and the fact that no authority should be allowed to be superior to the Houses of Parliament in Westminster (which means that some people refuse to accept the idea of EU law taking precedence over British law) or the national identity traditionally forged in opposition to the Continent, which leads London to view the world via the prism of its empire rather than its close neighbours, of whom foreign secretary Lord Palmerston said back in 1848: 'We do not have eternal allies and we do not have perpetual friends. Our interests are eternal and perpetual, and it is our duty to protect them'…
As far as one can tell, Lord Palmerston has never been repudiated. So it comes as no surprise that London still wants to divide and rule on the Continent, calling on those tempted by its views of the European project to follow suit! But this is not something that Pauline Schnapper says. After demonstrating how the United Kingdom has always displayed deep-seated attachment to free trade and how the European question has ever been the source of division in the Conservative and Labour Parties, she is at pains to demonstrate - not always convincingly - London's underestimated contribution to, and real influence on, the European project. An influence that is clear for all to see, but is not necessarily very positive. In the final section of the book, the author provides answers to the question of whether the UK still has a future in the European Union by describing the rising power of several populist movements and their radical Euroscepticism. Once again, the author takes a cautious approach and tends to be indulgent or at least understanding about the British desiderata, arguing that the United Kingdom gets the blame but other countries are not any more prepared to give up swathes of their national sovereignty than is the UK, and the EU has been suffering from a legitimacy crisis since the end of the 1990s. No doubt, but surely one should also ask whether the various people in power and governments in the UK haven't been only too happy to encourage and nurture this crisis of legitimacy. The most recent episode in this long line of attempts being the blackmail that the British prime minister, David Cameron, is preparing with 'his' renegotiating and 'his' referendum, in an attempt to demolish what was promised in the Schuman Declaration, viz. the construction in time of a European federation, a federation which is viewed as an F-word on the other side of the Channel.
Michel Theys
*** The Federalist Debate. Papers on Federalism in Europe and the World. Einstein Center for International Studies (26 via Schina, I-10144 Turin. Tel/Fax: (+39-011) 4732843 - Email: info@centroeinstein.it - Internet: http://www.federalist-debate.org ). 2014, No. 1, 64 pp. Annual subscription: €15, $18.
In the current issue of this ever interesting federalist review, MEP Andrew Duff examines in the Borderless Debate column the proposals he formulated at the recent congress of the Union of European Federalists as its outgoing president. He says that the time has definitely come for a new overhaul of the treaties in order to restore full democratic legitimacy within the European Union and in this way to deal with the democratic deficit, and also the 'government deficit' that nobody talks about, not even the federalists. Concerned that the United Kingdom seems prepared to give in to the temptation to 'to dismantle what has been achieved over the last decades,' he says one should “never underestimate how quickly 'destiny henceforward shared' can turn into 'sauve qui peut',”, a point that isn't challenged by Antonio Padoa-Schioppa in the 'Critical Remarks' (critical and constructive remarks) he formulates about the 'Duff Project.' Dusan Sidjanski describes the eurozone as 'The Dynamic Core of a European Federation,' which is absolutely essential to counteract the 'centripetal forces' at work in some member states, particularly the United Kingdom, and to pull the rug out from beneath the nationalist and extremist parties that are currently jeopardising democracy and feeding off the European Union's inability to keep its promise of prosperity for its citizens. As a tangible measure, Prof. Sidjanski suggests establishing a 'Senate of the Regions' in order for the EU to give its citizens the feeling that it is close to them. Finally, Lucio Levi devotes his editorial to the question of unemployment which, in this epoch of globalisation, requires a radical change of paradigm and in connection with which he makes a number of suggestions.
(MT)
*** PETROS PAPASARANTOPOULOS: Les mythes et les stéréotypes de la crise grecque. Editions Epikentro (9 rue Kamvounion, Gr-54621 Thessalonica. Tel: (30-231) 0256146 - Fax: 0256148 - email: books@epikentro.gr - Internet: http://www.epikentro.gr ). 2013, 352 pp, €18. ISBN 978-96-0458383-6.
Greece is in the eye of the storm of a major crisis that is likely to last many years and goes beyond economic bankruptcy and the collapse of the political system. Journalist, member of the Centre for Democracy and Reconciliation in South-East Europe and general secretary of the "Union for Democracy in the Balkans," Petros Papasarantopoulos explains in this book that something is also going on at a far deeper level - a phenomenon that is penetrating the very bones of society and is currently undermining Greek society. He basically describes an anthropological catastrophe that is claiming new victims on a daily basis…
(AKa)
*** MAARTJE DE VISSER: Constitutional Review in Europe. Hart Publishing (16C Worcester Place, Oxford, OX1 2JW. Tel: (44-1865) 517530 - Fax: 5151071 - Email: mail@hartpub.co.uk- Internet: http://www.hartpub.co.uk ). European and National Constitutional Law Series. 2014, 484 pp. ISBN 978-1-84946-385-0.
'An important challenge is to ensure that constitutions, and their values and principles, are respected in practice and protected against infringements, and this in particular entails that acts and omissions of State organs may be reviewed for their constitutional conformity.' On the basis of this assumption, Maartje de Visser, assistant professor of law at Singapore Management University makes a comparative analysis in this book, which sets out how the EU and a representative selection of its Members States go about upholding their constitutions and how their systems of constitutional review operate in practice. The countries in question are Germany, Belgium, Spain, Finland, France, Hungary, Italy, the Netherlands, Poland, the Czech Republic and the United Kingdom. She assesses the European legal order in the light of these national experiences. In each case, the author identifies who is given responsibility for protecting the supremacy and integrity of constitutional rules and principles. She also examines how and why this task is carried out in practice. She draws attention to the fact that the responsibility for constitutional review is often in the hands of the judiciary, but is also frequently shared with other institutions.
(SD)
*** MAURICE ADAMS, HENRI DE WAELE, JOHAN MEEUSEN, GERT STRAETMANS (Eds.): Judging Europe's Judges. Hart Publishing (see above). European and National Constitutional Law Series. 2013, 261 pp. ISBN 978-1-84946-335-5.
The Lisbon Treaty and successive enlargements of the European Union have opened a new era for the European Court of Justice. The court and the framework within which it operates have become more heterogeneous than ever, which translates into often highly complex cases covering a wide range of subject matter. The aim of this book is to study the legitimacy of the European Court of Justice against this new backdrop and to assess its overall performance. Particular attention is paid to its most recent case law on four issues - the general principles of European Union law, foreign relations, the Internal Market and citizenship. The book includes essays from fourteen authors, who are law professionals and academics.
(SD)
*** MELCHIOR WATHELET: Contentieux européen. Larcier (39 rue des Minimes, B-1000 Brussels. Tel: (32-2) 5480711 - Fax: 5139009 - Email: commande@larciergroup.com - Internet: http://www.larcier.com ). 'Faculté de droit de l'Université de Liège' series. 2014, 972 pp, €150. ISBN 978-2-8044-6783-8.
This two-volume reference tome describes the European Union's jurisdictional architecture and makes a detailed analysis of the various types of appeal cases that can be taken to the three courts that compromise the European Court of Justice (the court itself, along with the General Court and the civil service tribunal), together with the important role played by national judges in ensuring daily application of European law. The first edition of this book included the changes made by the Lisbon Treaty, but was unable to cover all questions. This new edition deals with a number of them, including the scope of the new option for individuals to call for annulment based on Article 263 of the Treaty on the Functioning of the European Union. This second edition also covers the changes to the Court of Justice's statutes and the new Court of Justice rules of operation of October 2012. Melchior Wathelet is advocate general at the European Court of Justice, Belgian minister and Professor of European Litigation at the Universities of Liège, Louvain, Bourgogne and Luxembourg. In this book, he makes use of an original methodology that bases its analysis on the case law generated by the Court of Justice's jurisdictions up until 31 January 2014. A total of nearly 1,900 decisions setting precedents are commented upon in this book, 600 more than in the first edition. Another novelty is that there is an annexed volume giving a summary of cases and inventories of the precedent-setting decisions commented upon.
(SD)
*** STEPHANIE MAHIEU (Ed.): Contentieux de l'Union européenne. Questions choisies. Larcier (see above). 'Europe(s)' series. 2014, 595 pp, €95. ISBN 978-2-8044-6800-2.
Litigation plays a key role in the development of European Union law. Article 2 of the Treaty on the European Union states that the EU is based on law, but it is through European litigation that this statement becomes manifest and takes a tangible form. This collection of essays edited by Stéphanie Mahieu brings together contributions from a large number of law practitioners and academics. The authors examine a series of new topics and subjects in the news, incorporating the most recent and important jurisprudential and legislative developments in the field of European litigation. At the same time, specific cases are examined in the domains of competition, common trade policy and the European civil service. The essays are divided into three sections. The first looks at the organisation of the European Union's jurisdictions and the litigation process. There are essays on changes in legislation and specific aspects of the procedures at the EU jurisdictions. The second part, the heart of the book, focuses on specific questions concerning the annulment proceedings, the 'main mechanism through which European Union law protects subjects of law against any illegalities committed in relation to them by the EU institutions, bodies and apparatus.' The third second covers other litigation and other forms of appeal, such as summary proceedings, referrals for a preliminary ruling or litigation clauses. The book will certainly feed the debate in terms of the best doctrine and institutions for dealing with cases arising from the various forms of appeal and how the European Union's jurisdictional system is organised.
(SD)