*** VALERIE VERBIST: Reverse discrimination in the European Union. A Recurring Balancing Act. Intersentia (Sheraton House, Castle Park, Cambridge, CB3 0AX, UK. Tel: (44-1223) 370170 – fax: 370169 – Email: mail@intersentia.co.uk – Internet: http://www.intersentia.co.uk ). “Discriminatierecht in theorie en praktijk / Discrimination Law in theory and practice” series. 2017, 357 pp.€58, £56, $70. ISBN 978-1-78068-458-1.
This book stems from a PhD thesis at the Catholic University of Leuven and gets right to the heart of an astonishing contradiction: the fact that citizens are not necessarily equal before the law or at least before European law! Valérie Verbist is currently a researcher at the Institute of European Law at her university and gives two examples in this connection in her introduction. One case involves the example of pasta, which, according to Italian legislation must, imperatively, be manufactured in Italy with durum wheat but this obligation does not apply elsewhere for producers in Europe. In its ruling on the Zoni case, the European Court of Justice held that the principle of the free movement of products should prevail, which effectively discriminates against Italian manufacturers in their own country. This is an example of reverse discrimination, which the Italian Constitutional Court finally ended by basing its decision on the principle of equality as enshrined in Italian law. There is also the ban imposed on Belgians in their country having the right to family reunification with relatives in the ascending line, which is contrary to other European citizens under the terms of the 2004/38 directive. This discriminatory situation for these nationals alone was upheld by the Belgian Constitutional Court and the objective of this contested legislation aimed to control migration flows on national territory alone. It is evident that European law can produce a few surprises...Valérie Verbist devised and elaborated her thesis in an effort to provide some clarity about these questions, which despite being on the margins of European law are no less crucial for European citizens. As a legal practitioner, she sought to establish to what extent this reverse discrimination continued to fall within the scope of law of the Member States and when it falls within the ambit of Union law. She also looked at the reasons why the member states decided to rectify these forms of reverse discrimination or not. Each of these are to be considered on a case by case basis and to whom should the responsibility for finding a solution fall: “the EU, the Member States, regions or several levels of government in interaction?” This is indeed to these questions that the author provides a number of scientifically argued responses by focusing her analysis on European law and the specific case of European citizens (the issue of family reunification and the involvement of third country nationals is not tackled). Her area of investigation includes Austria, Germany, Belgium, France and Italy.
In the first part of the book, the question of reverse discrimination in member state and Union law is at the heart of the author’s concerns. She begins her trajectory with the case law of the European Court of Justice. She then examines the different proposals to tackle this kind of discrimination at a Union level and places them in the context of the basic arguments of the position taken by the Luxembourg courts. The author then gets to grips with the application and interpretation of doctrine and the exclusively internal situations in light of the decisions made by the Court of Justice, such as the way in which the latter demarcates between entirely internal situations in the member states from those where there are sufficiently cross border connections for European law to apply. The second part of the book focuses on the way in which the competent authorities in the five countries examined in the study assess cases of reverse discrimination and decide to allow them or correct them in areas involving goods or people. In the third and final part of the book, the author examines cases of reverse discrimination that can manifest in federally structured countries and when the people discriminated against occurs in relation to European citizens and also in relations with their fellow citizens living in another region, which can be the case in Germany or Belgium.
Pierre Bouvier
*** PARYSATIS PAPADOPOULOU-SIMEONIDOU: Aspirateurs de population au 21ème siècle. Syria – Greece. Editions Kiriakidi Monoprosopi IKE (7 Panagias Deaxis, GR-54635 Salonika. Tel: (30-231) 0200376 – fax: 0200395 – Email: info@dkyriakidis.gr – Internet: http://www.dkyriakidis.gr ). 2017, 208 pp. €13. ISBN 978-960-599-169-2.
Greece is the mother of democracy but has now been transformed by war and suffering in neighbouring countries, which includes modern forms of slavery. The author, a journalist and specialist in European and immigration questions expresses a few doubts: the future of humanity looks gloomy, with wars and the violent displacement of people they cause but also because the major powers now more than ever are involved in ferocious competition and no armistice is in sight in this regard notwithstanding a few possible truces. The author analyses the current situation and the characteristic historic anger. As the author explains, peace is a compromise because the “strong” on the planet are not prepared to accept the right of all people to life. In this connection, she provides a comparative analysis of how this problematic situation is experienced and “managed” in Greece and Syria. (AKa)
*** MARIA ANAGNOU: Altérité et tolérance en Europe. Les politiques contre le racisme et la discrimination. Editions Papazisi (2, rue Nikitara, GR-10678 Athens. Tel: (30-210) 822496 – fax: 3809020 – Email: papazisi@otenet.gr – Internet : http://www.papazisi.gr ). 2017, 839 pp., €42. ISBN 978-960-02-3299-8.
We are living in an era where, due to events such as the economic crisis, immigration, the influx of refugees, without counting terrorist attacks on European territory, racist ideas and violence are spiralling. Reports by the competent international and European institutions testify to this phenomenon in equal measure. The responses to these dangerous phenomena are therefore of burning contemporary importance, particularly at a European level. The objective of this essay by Professor Maria Anagnou (European law at Pantheon University in Athens) is to update the institutions working against racism and racial discrimination. To this purpose, the author goes back in time before tackling the current situation. This involves a certain emphasis being placed on the policies decided by the Council of Europe (since 1949), before analysing the different means the Union has developed since 1992 to try and stem the spread of racism and discrimination in all its different guises. In this connection and in an effort to link theory to practice, she examines the application and impact of these instruments in the elaboration of appropriate (national) policies in Greece. An extensive bibliography in this book is also of great value. (AKa)
*** ATHANASSIA VASSILOPOULOU-ATHANASSOPOULOU: L’intégration européenne et la lutte contre le terrorisme. Editions Patakis (38 rue Panayi Tsaldari, GR-10437 Athens. Tel: (30-210) 3650000 – fax: 3811940 – Email: bookstore@patakis.gr – Internet: http://www.patakis.gr ). “Sciences sociales et politiques” series. 2017, 360 pp. €17. ISBN 978-960-16-7244-1.
What does an era of “critical vigilance” mean? How could the fight against terrorism… save the European Union? Do safe solutions exist for efficiently tackling the terrorist scourge? It is to these questions and many others that a professor of criminology at Pantheon University in Athens, a specialist in terrorist questions, provides a number of responses by examining the institutional and political trends identified in the elaboration and adoption of anti-terrorist policy in the Union during these time of crisis. Athanassia Vassipoulou-Athanassopoulou examines anti-terrorist legislation in the European integration process and individual rights. To this end, she provides a comparison with other corresponding measures in the US, whilst examining the institutional and political Euro-American relations resulting from the Trans-Atlantic information exchange agreements on the prevention of terrorism. The conclusions of the analysis are obviously of interest to the experts and decision-makers working on this front in Europe and the US. The book combines the scientific conclusions established with empirical evidence, which could make it useful to students of European integration who want to familiarise themselves with the over-riding logic contained within the elaboration of policies at a Union level and in the development of its relations with foreign partners. (AKa)