*** FRANCESCO MARCHI: The Convention on the Future of Europe. How States Behave in a New Institutional Context of Negotiation. 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 ). "Euroclio" series, No. 87. 2015, 309 pp. €42.80. ISBN 978-2-87574-248-3
Given that the majority of French and Dutch people voted no to the Constitutional Treaty, the Lisbon Treaty was, like all the previous treaties, updated during an inter-governmental conference. It would, however, be foolish to forget that the substance of this Treaty was, for the most part, prepared and negotiated within a radically new body, which only the European Charter of Fundamental Rights, had previously experienced a similar kind of gestation but in this case, gave rise to the Convention on the Future of Europe. Learning their lesson from the fiasco of negotiations that led to the shortcomings and unresolved issues of the Treaty of Nice, the member states therefore had to, for the first time, share their status as "masters of the treaties", with others: representatives from the European and national parliaments, active observers in the accession candidate countries (therefore, including Turkey), as well as two members of the Commission. Civil society was also asked to give its opinion, in a more indirect kind of way. Did this, however, really involve the member states losing control by accepting this small step sideways? Given that it is no longer democratically conceivable that a revision of the treaties could, in the future, return to the former technique of diplomatic negotiations behind closed doors, is it really useful to ask this question at all?
This is precisely what Francesco Marchi has done, however, by focusing his doctoral research, under the guidance of Professor Renaud Dehousse Centre of European Studies at Sciences Po. His approach was based around four major areas of research. Firstly, he wanted to find out why and how national governments had taken the decision to work with other actors to prepare a new treaty. Then, he sought to locate to what extent this new context of negotiations had impacted on the behaviour and strategies of the respective national emissaries. Finally, he set about verifying to what extent this new mode for drafting a treaty had allowed, or not, to escape from the usual temptation of resorting to the, "lowest common denominator". In an effort to develop his answers, this political scientist utilises a number of different theoretical approaches, which he seeks to reconcile by adding a number of concepts to them and ultimately developing, "a new matrix in negotiating behaviour". He puts this method to the test by focusing on the line advocated by the Convention members to two subjects at the heart of the negotiations: reform of the institutional architecture and the simplification of the legal framework within the Union. Obviously, the author's peers revel in this immersion within the theoretical meanderings of political science.
The book does, however, have a larger potential readership because Francesco Marchi also makes a number of ideas perfectly understandable but in this context, would it not be more relevant to speak of the illusions created - with regard to this Convention idea? He subsequently demonstrates, for example, that from the very beginning of the Convention the member states set out a number of safeguards. Valéry Giscard d'Estaing was one of them and was known for, "having a rather inter-governmental vision" of European construction and was appointed by the Heads of State and Government in so far as the former president of France could be seen as, "a gatekeeper of government interests". His appointment was in fact a step backwards compared to the election by his peers of Roman Herzog (and his two vice presidents) to the Presidency of the Convention to establish the draft Charter of Fundamental Rights. It should be pointed out that George Washington was also elected by the plenary during the Philadelphia Convention. There was also the question of the time limit imposed by the European Council on the work of the Convention because the Constituent Assembly is normally the master of its agenda alone Convention members were also perfectly aware that the results of their work would ultimately be subject to the conditions of an inter-governmental Conference, which obviously gave the member state representatives throughout the Convention, the power to exercise a kind of "pre-veto", therefore conferring with a dominant role in the debates, contrary to what happened at the Philadelphia Convention. We can also see that the Convention on the Future of Europe did not turn out to be a panacea, despite the fact that it will forever, signify a turning point in the history of European construction and we should not ignore the lessons drawn by Francesco Marchi, when it is time to arrange a Convention again!
Michel Theys
*** Il Federalista. Rivista di Politica. Edif (via Villa Glori, 8, 27100 Pavia, Italy. Email: publius@thefederalist.eu - Internet: http://www.thefederalist.eu ). 2015, No. 1-2, 127 pp. Annual subscription: €25.
This issue from the Il Federalista provides an insight into the current European Federalist debate following the Greek crisis and takes into account its repercussions from this on European construction. As the author highlights in the editorial, the Greek debt crisis could be seen as one of the infinite symptoms of intergovernmental impasse in which the "Europe of Nations" has dragged the European Union. Nonetheless, the Dynamics unleashed during the difficult negotiations with Athens and its creditors could provide the Union with an opportunity to recuperate the lost impetus and make further progress towards greater political unity. The Greek chapter of last summer may have ultimately put an end to the illusion of the economic sovereignty of member states in the Eurozone. This saga also demonstrated that all European governments now have dual accountability to their own people and those of partner countries. It is therefore, necessary to improve Eurozone governance, which would undoubtedly lead to completing monetary union and creating genuine political union by gradually reforming the current system into a federal one. As explained by Andrew Duff and Jonás Fernández Álvarez in their contributions, the federal solution would resolve the absence of consensus between European countries and increase the financial and economic instruments available to tackle any possible crises that arise. The reform process begun by the fiscal compact and the creation of Banking Union and the exceptionally proactive role played by the European Central Bank could subsequently help to expand the Union budget and the mutualisation of a European debt strategy. The institutional reforms needed would aim to strengthen the authority of the European Parliament and Commission and therefore, de facto, of the Union within context of political, economic, tax and social union based on the principles of federalism, democracy and solidarity. In this perspective, as well as helping put Europe back on the track established by the Founding Fathers, the current crisis could also actually provide an opportunity for developing a new pace in the future of European construction. (JBe)
*** SPIRIDON VLACHOPOULOS: L'interprétation dynamique de la constitution. L'adaptation du texte constitutionnel à l'évolution des circonstances. Editions Evrasia (47 rue Omirou, GR-10672 Athens. Tel: (30-210) 3614968 - fax: 3613968 - Email: info@eurasiabooks.gr - Internet: http://www.eurasiabooks.gr ). 2015, 208 pp, €20. ISBN 978-618-5027-42-1.
In Greece, the multi-shaped crisis in the country over recent years has revealed a latent problem of interpretation regarding the Constitution. Should the constitutional text be adapted to changing legal circumstances? In the affirmative, what are the limits to these adjustments? As a lecturer of constitutional law at the University of Athens, the author of this book believes that the idea of allowing adaptations to be made to the constitution given the different developments that have taken place, would mean reducing it to a simple reflection of the situation. In the follow-up, formulating the necessary questions would mean accepting a constitutional text that is as flexible as it is changeable and would be subject to the predilections of different revisionist legislators. Would it not be better to withdraw the constitution's ability to resist these temporary developments? Finally, is there not a risk that the Constitution loses its intangible guiding character within this whole adventure? Spiridon Vlachopoulos distinguishes three categories of constitutional effects resulting from the crisis. Resorting to a "light touch" response to the crisis, the judges have been able to invoke the economic situation, among other criteria in some of their decisions. There is also the question of the "decisive" character of the crisis when legal recognition of the constitutionality of interest rates favourable to state debts to third parties is mentioned. Finally what transpired to be far more "revolutionary", are the decisions by the courts to consider that the conditions of crisis made certain constitutional provisions inapplicable. Professor Vlachopoulos expands his ideas to address some of the adaptations to the Constitution relating to social change (gender equality), technological developments (food safety, genetic engineering, et cetera.), as well as the decisions by the European legislator, international law and even the laws of other countries. By providing a number of examples, he shows that a dynamic interpretation of the Constitution is both possible and desirable at an international level. (AKa)
*** PANAYIOTIS MANTZOUFAS: La crise économique et la constitution. Editions Sakoulas (23 rue Ippokratous, GR-10679 Athens. Tel: (30-210) 3387500 - fax: 3390075 - Email: info@sakkoulas.gr - Internet: http://www.sakkoulas.gr ). 2015, 418 pp. €34. ISBN 978-960-568-185-2.
Panayiotis Mantzoufas is a Professor in constitutional law at the faculty of Law at the Aristotle University of Salonika. In this book he examines the many different decisions made by the courts, which combine both the interpretation of the Greek Constitution, with laws applicable in the European Union and the obligations imposed by the statute pertaining to that of a Eurozone member. He explains that these decisions have led to the extension of the notion of "public interest" in an effort to include the interests of the Union, which have been threatened by the Greek state's bankruptcy and to ensure the supremacy of financial criteria over social rights. According to the author, a regime for determining the application of the constitution existed in normal conditions but another existed when conditions of crisis prevailed. In the latter case, the balance between the judge and legislator was upset and the judge had to succumb to the objective of preventing economic collapse and consolidating public finances. Overall, the courts were able to navigate "in troubled waters with a low level of losses" when they applied the principle of proportionality to the measures and objectives pursued. The author fears, however, that the courts did not justify their decisions by reference to permanent public interest but rather, to the single criteria of the current situation regarding the economy. He therefore points out that, over the same period, the courts did not just limit themselves to a marginal control of constitutionality but went as far as determining what actually constituted a nation. They took a position on the question of the liberalisation of regulated professions such as doctors, pharmacists and lawyers, which leads the author to conclude that the courts have not sacrificed "important public interests in favor of a liberalised market."
(AKa)
*** GEORGE SKOULAS: Introduction à la science politique dans la pensée. Les systèmes du pouvoir & et les idéologies politiques. Éditions Papazisi (2 Nikitara, GR-10678 Athens. Tel: (30-210) 3822496 - fax: 3809020 - Email: papazisi@otenet.gr - Internet: http://www.papazisi.gr ). 2015, 415 pp. €28. ISBN 978-960-02-3111-3.
This book if the result of a thoroughgoing and penetrating investigation into the subject of political science and policies carried out in its name. It tackles themes such as the modern state, political parties, models of power, ideologies, the birth and development of political institutions, which are, overall, examined within a contemporary context and by different theoretical approaches. George Skoulas is an associate Professor of political theory and analysis at the University of Macedonia. He explains that an understanding of all the minutiae is required in order to accurately interpret the ideas produced and maintained by the institutions and obtain a general understanding of the intellectual, economic and social context in which they were created. In the first part of the book, emphasis is placed on scientific concepts, the different forms of political systems and, finally, the models of power and the political institutions that exist in the modern era. In the second part of the book, the author gets to grips with the different political ideologies, their basic concepts and relationships with the social situation and the way in which this colours the ideologies that emerge and which should all be critically and specifically examined, whether they are ideologies pertaining to conservatism, Socialism, science, social democracy or nationalism. This book would be a useful tool to anyone who would like to expand their knowledge of political science and obtain a better understanding of the complexities of the modern world.
(AKa)
*** PATRICIA GRANDJEAN (Editor): Expertise de justice. Quel avenir en Europe ? Éditions Bruylant (Groupe Larcier, 39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482511 - fax: 482693 - Email: commande@deboeckservices.com - Internet: http://www.bruylant.be ). n "Macro droit - Micro droit » series. 2014, 152 pp. €45. ISBN 978-2-8027-4763-5.
One does not have to be a lawyer or a magistrate to know that a legal system needs experts. Therefore, as pointed out in his preface, Professor Hans Franken, the vice president of the Dutch Senate, argues that, "although the judge is the voice of the law, the master of proceedings and the author of the decision that is made" it is not, all the same, exclusively up to him to, "control all the different techniques and knowledge required in making the legal decision in question". All we can do is acknowledge that the role of the technician can be compared with, "an expert appointed as such by the different parties if not by the judge" and is indispensable to the correct functioning of the legal system. There is, nonetheless, a problem of harmonising the rules that apply to these experts at a European level and ensuring that people receive justice by competent experts, who are independent and impartial when they are working at a European Union level. On the initiative of the European Institute of Expertise and Experts, this book includes contributions by magistrates, lawyers, experts and academics, who seek to help establish a body of work that will one day become a European guide to good practices for providing legal expertise.
(PBo)