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Europe Daily Bulletin No. 7680
Contents Publication in full By article 39 / 40
WEEKLY SUPPLEMENT / European library

N° 406

*** LODE VAN OUTRIVE, PHILIPPE ROBERT, Eds.: Crime et justice en Europe depuis 1990. Etat des recherches, évaluation et recommandations. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920, fax: 43258203, harmat@worldnet.fr). "Logiques sociales" series. 1999, 353 pages, FRF 190. ISBN 2-7384-8345-3.

The principle of free movement in the European Union gives heightened importance to security problems, which for governments and supervisory and law enforcement authorities, are essentially related to international movements of people (migration), goods (especially prohibited goods), money (to be laundered) and information. Globalisation of the economy and of trade is multiplying the scope of these problems. At the same time, citizens measure their daily security primarily in terms of more modest delinquency and crime. But these concerns about the control of international flows and more local concerns about the protection of people and their goods contribute to one and the same reality: "security issues now rank high on the public policy agenda in our countries and in the debate on insecurity".

In this context, "it becomes a priority to map out the current state of play in terms of research", observe Lode Van Outrive and Philippe Robert, explaining that the undertaking is particularly urgent because this area has been neglected to date in the Community. This work therefore fills a void, offering an account of where research on crime and justice stood in the 90s. In fact, this is the second such undertaking, as the Groupe européen de recherches sur les normativités -a network bringing together some 40 research centres or university departments in eight countries (Germany, Belgium, Spain, France, Great Britain, Italy, Netherlands and Switzerland) and specialised in norms and deviance-, conducted a similar study on the 80s. The new study is broader in scope, however: in addition to the seven countries covered in the first (Germany, Belgium, Spain, France, Italy, Netherlands, and United Kingdom), it also includes Austria, Portugal and Switzerland. For each country, former Belgian MEP Lode Van Outrive (Professor Emeritus at Katholieke Universiteit Leuven) and Philippe Robert (Director of Research at the CNRS and head of the Groupe européen de recherches) selected one or more rapporteurs responsible for presenting an overview of criminal research based on two analytical grids, one thematic (development of norms, police, inspection services, private security, the administration of justice, prisons and sanctions, prevention, victims, insecurity, etc.), the other analytical. These national reports then nurtured a horizontal analysis, which serves as a framework for the national reports.

The authors discern three directions for research in the decade that has just dawned (suggesting that a third study might be published, a good thing indeed). First, the impact in terms of crime of the "de-territorialisation" of trade, i.e. until now, we have been happy simply to "take a very narrow view of things, tackling illegal immigration (control of movements of persons) and drugs (control of movements of prohibited goods), when "there is still a good deal of work needed to deal with crime in business, corruption, money laundering, trafficking of all kind and cyber-crime". Second, "pockets of poverty and social disaffiliation": here too, explain the editors, research is "limited to one aspect, violence (often without perceiving the change in norms at work), but other less visible aspects are neglected, for instance, the underground economy, or it is addressed solely in terms of the distribution of illegal goods. Study is often conceived from a negative approach, i.e. in terms of failings, absence or anomie, without zeroing in on the forms of social relations that take shape in such situations". The authors suggest that there are not enough "empirical studies into redistribution between the supranational, national and local levels, or between the public and private spheres", but also that they are unsatisfactory within different state structures. No one would deny that changes in the way the judicial system fits into the public powers as a whole and its role in social regulations are of capital importance.

Michel Theys

*** HELEN STAPLES: The Legal Status of Third Country Nationals Resident in the European Union. Kluwer Law International (P. O. Box 322, 3300 AH Dordrecht, Netherlands). 1999, 431 pages. ISBN 90-411-1277-4.

Resulting from a doctoral dissertation defended at Utrecht University, this work takes a detailed look at the problem of the legal status of third country nationals in the EU. In a decidedly Community vein, the author begins by examining the Union's response to migration (from one Member State to the next and from outside the Community) before going on to look at how European citizens, on the one hand, and third country nationals residing legally in the EU, on the other, benefit from the right to free movement of persons. The rights enjoyed by Member State nationals and third country nationals are detailed in Part III and Part IV focuses on the perspectives opened by the Treaty of Amsterdam. Helen Staples argues for a redefinition of the concept of citizenship of the Union to include third country nationals, who contribute to the economic objectives of European integration.

(MT)

*** EMMANUELLE BRIBOSIA, EMMANUELLE DARDENNE, PAUL MAGNETTE, ANNE WEYEMBERGH, Eds.: Union européenne et nationalités. Le principe de non-discrimination et ses limites. Bruylant (67 rue de la Régence, B-1000 Bruxelles. Tel: (32) 025129845, fax: 025117202, Bruylant@pophost.eunet.be). 1999, 256 pages, FEB 1,400. ISBN 2-8027-1264-0.

The Belgian academics (jurists and political scientists) who put together this work deal with the same questions as Helen Staples, demonstrating that some 4 million third country residents living in the European Union are still discriminated against, in many respects, in comparison to European citizens. They give an overview of the fundamental principle of non-discrimination, singling out its acquis along with its limitations. A well-argued work, like the above, that is a very convincing plea for a broader definition of European citizenship.

(MT)

*** KOEN VIDAL, ERIK RASPOET, INDRA VAN GISBERGEN: Ces réfugiés aux portes de l'Europe. Voyage au bout de l'errance. Grip (33 rue Van Hoorde, B-1030 Bruxelles, Tel: (32) 022418420, fax: 022451933, admi@grip.org, http: //http://www.grip.org ) and Editions Complexe (24 rue de Bosnie, B-1060 Bruxelles). "Les livres du Grip", Nos 241-242. 1999, 122 pages, FEB 495, FRF 85. ISBN 2-87027-718-X.

Published in co-operation with Médecins sans Frontières, this book by journalists Vidal, Raspoet and van Gisbergen (the latter works as a photographer for MSF) is a journey into the reality of refugees and asylum seekers. This report -that took the authors from Belgium to Tirana, Gibraltar, Ceuta and Rome- presents the faces and stories of the men and women destined to the anonymity that generates clichés and fantasies: their tragedies, their traumas, the story of what they lost, their hopes for a better life... A strong work that uses the human reality behind the headlines to raise questions about the asylum and immigration policy to be set in place in the European Union.

(MT)

*** GILBERT JAEGER: La protection internationale des réfugiés, 1921-1998. Institut d'études européennes de l'Université catholique de Louvain (1 place des Doyens, B-1348 Louvain-la-Neuve. Tel: (32-10) 478416, fax: 478549). "Document-IEE" No 12. 1999, 19 pages.

A brief but dense publication reproducing an address given at Université Catholique de Louvain (Belgium) at a joint seminar on refugees. Former Director for Refugee Protection at the Office of the UN High Commissioner for Refugees in Geneva, and President of the Belgian Committee on Aid for Refugees, Gilbert Jaeger presents a succinct but thorough history of international protection of refugees, from the "reactive" protection of different countries during the period of the League of Nations to the new "pro-active" protection strategies of the 90s. He also discusses universal "reactive" protection initiated in 1951.

(MT)

*** EMMANUEL DECAUX, Ed.: Le droit face au racisme. Editions Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597, fax: 46340760). "Publications de la Fondation Marangopoulos pour les droits de l'homme", No 4. 1999, 172 pages, FRF 100, EUR 15.30. ISBN 2-233-00359-4.

This work reproduces papers given at a colloquium sponsored by the doctoral school of Law and Political Science at University Paris X Nanterre in December 1997, which brought to conclusion French participation in the European Year against Racism sponsored by the European Union, at which top-ranking academics, judges, lawyers and international experts conducted a sort of "inventory of law", at French, European and international level. This future-oriented collective assessment is particularly relevant given the UN's organisation this spring of a World Conference on Racism and Racial Discrimination, Xenophobia and Intolerance. In his foreword, Emmanuel Decaux, Professor of Public Law at Paris X, recalls that the Commission on Human Rights intends to make the question of universal ratification of the Convention on Eradication of Discrimination, adopted in 1965, one of the top priorities of the forthcoming World Conference (stating that "any doctrine of superiority founded on a differentiation between races is scientifically false, morally reprehensible and socially unfair and dangerous; nothing can justify racial discrimination anywhere, either in theory or in practice"). But, as Professor Decaux states and as the work demonstrates, day-to-day implementation of clear legal principles is still difficult, not only in vertical relations between the state and the individual, but above all in horizontal relations between groups or individuals.

(MT)

*** Le principe du respect de la dignité de la personne humaine. Editions du Conseil de l'Europe (F-67075 Strasbourg Cedex. Tel: (33-3) 88412581, fax: 88413910, publishing@coe.int, http: //http://www.book.coe.fr ). "Science et technique de la démocratie", No 26. 1999, 116 pages. ISBN 92-871-4031-6.

These proceedings of a seminar in July 1998, sponsored by the European Commission for Democracy through Law (also known as the "Venice Commission", an advisory body on constitutional law created by the Council of Europe) in cooperation with University of Montpellier, deserve attention for several reasons. First, because of the quality of the participants and of the national reports presented, the sensibilities of no fewer than 13 countries being expressed during the different debates. Second, because of a major innovation for this type of meeting: in addition to the national reports, the judges present participated in a mock European constitutional court, in which they endeavoured to see whether they could provide a solution to a practical case relating to a fictitious law on the "protection against sexual abuse of minors under seven years of age and the control of recidivism". In his summary of the work, Dominique Rousseau (Professor at University of Montpellier and member of the Institut Universitaire de France) drew two major conclusions from this new exercise and, more broadly, from the meeting. He begins by stressing the "the constitutional nature of law in regard to respect for the dignity of the human person", observing: "Regardless of the timing and way in which it is given effect, respect for human dignity is today a common constitutional principle that forms an integral part of the European constitutional heritage". But while all European constitutions now stipulate such law, it must be recognised that none proposes a definition or explanation of it. Is this a problem? Not really, maintains Dominique Rousseau, because "the right to human dignity is less a fundamental right than a right leading to recognition of fundamental rights". It is the source of these rights, which means that "dignity only exists as a legal reality in terms of its realisation through fundamental rights", the latter taking on "life and intelligence through and in this law". A fine demonstration !

(MT)

*** Implementation of the Money Laundering Directive by the European Savings Banks - Mise en oeuvre de la Directive Blanchiment d'Argent par les caisses d'épargne européennes - Umsetzung der Geldwäscherichtlinie durch die europaïschen Sparkassen. Joint Office of the World Savings Banks Institute and the European Savings Banks Group (11 rue Marie-Thérèse, B-1000 Bruxelles. Tel: (32) 022111111, fax: 2111199, e-mail: silvia.cambie@savings-banks.com, http: //http://www.savings-banks.com ). "Perspectives", No 35. 1999, BEF 400.

The update of a study originally released in 1996, this publication explains the actions being developed by European savings banks to contribute effectively and appropriately to efforts to combat money laundering.

(MT)

*** Internationale Politik. Verlag für International Politik (Bachstraße 32, D-53115 Bonn, Tel: (49-228) 7290010, fax: 695734, E-mail: EUV-VIP@online.de). Annual subscription: DEM 190.

The January 2000 issue (122 pages) focuses on Asia. Articles discuss political and democratic problems being encountered by several countries (notably Indonesia, North Korea, India and Pakistan), China's possibilities of becoming an economic and military superpower, political and economic developments in Japan, relations between Australia and the Asian countries, the political situation in Indonesia in the wake of the intervention in East Timor, and the military conflict between India and Pakistan. Two essays discuss the failure of Seattle and the consequences of Boris Yeltsin's resignation in Russia. The special feature in the February 2000 issue (142 pages) focuses on the interaction between religion and politics. Articles examine states' responsibility from an ethical standpoint for their foreign policy, the influence of religion in political affairs, the creation of a system of values in international politics, religious interference in politics (with the example of Islamic fundamentalism), respect for human rights and humanitarian interventions in war-wracked countries (Rwanda, Kosovo, East Timor), the restoration of good relations between Poland and Germany.

*** The Observer. OECD (2 rue André-Pascal, F-75775 Paris Cedex 16, Tel: (33-1) 45248200, fax: 45241815, e-mail: sales@oecd.org, http: //http://www.oecd.org ). No 219, 64 pages.

The Millennium Round is the focus of the special feature in this issue, with six articles examining different aspects of the WTO negotiations under preparation in Seattle at the time of publication. The "Economy" section discusses recovery in the Japanese economy, Germany's struggle with unemployment, the employment market in the Netherlands, the boom in strategic business services; "Society" takes a look at clandestine immigration and the labour market, and employment among clandestine workers; "Development" discusses declining aid to the Sahel; and "Science and Technology" focuses on the globalisation of research and technological development.

*** Documents. Revue des questions allemandes. 50 rue de Laborde, F-75008 Paris, Tel: (33-1) 43879040, fax: 42935094, e-mail: bild.documents@wanadoo.fr). No 5/99 (Nov-Dec. 99),128 pages. Annual subscription (5 issues): FRF 230 (France) or 250 (elsewhere).

In this issue: common fundamental values shared by Eastern and Western Germany, an assessment of German reunification ten years later, the traditional parties put to the test of democracy, racist violence among young people, the "Kohl affair" and thoughts on the PDS. A special feature examines relations between the generations, raising the question: understanding or deceit?

*** Dokumente. Bachstraße 32, D-53115 Bonn, Tel: (49-228) 7290010, fax: 695734, e-mail: euv-vip@t-online.de, http: //http://www.europa-union.de ). February 2000, 92 pages. Annual subscription: DEM 30 (Germany) or FRF 170 (France).

France and the former GDR are the focus of this issue. Articles analyse the significance of the term "French" for Germans of the former GDR, how this part of Germany fits into relations between Germany and France, what the former GDR represents for the French since 1989, and so on. The "Documents" section examines the Franco-German partnership at the dawn of the 21st century.

*** Südosteuropa Mitteilungen. Südosteuropa-Gesellschaft (Widenmayerstraße 49, D-80538 München, Tel: (49-89) 2121540, fax: 2289469, e-mail: Suedosteuropa-Gesellschaft@t-online.de). No 4/99, 77 pages. Annual subscription: DEM 60.

In this issue: Cyprus and the "political acquis" (prospects of this divided island's accession to the EU), economic reform in Hungary (handicaps and strong points for the country's accession to the Union), Bulgaria's image in Germany, a comparison of two regimes led by Islamic politicians, Izetbegovic (Bosnia) and Jinnah (Pakistan).

*** Futuribles. 55 rue de Varenne, F-75341 Paris Cedex 07, Tel: (33-1) 53633771, fax: 42226554, e-mail: revue@futuribles.com, http: //http://www.futuribles.com. No 250 (February 2000), 96 pages. Annual subscription: FRF 690 (France) or 740 (other countries).

In this issue: lifelong education for all, the impact of the ageing of the population in in the run-up to 2020-2040 (according to a report by the Economic and Social Committee), the reduction of working time in Europe, the reform of pension systems in Italy, and more.

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