*** Federal and Regional States in the Perspective of European Integration. Council of Europe (F-67075 Strasbourg Cedex. Tel: (33-3) 88412581, fax: 88413910, E-mail: publishing@coe.int, Internet: http: //book.coe.fr). "Science and Techniques of Democracy" series, No 27. 1999, 156 pages. ISBN 92-871-4130-4.
Also available in French, this work results from a seminar in Bologna in March 1999, sponsored by the European Commission for Democracy through Law -also known as the Venice Commission- in cooperation with Johns Hopkins University and the University of Bologna, and organised within the framework of the Universities for Democracy (UniDem) programme. Legal experts participating in the seminar described the ties between the European Union and the entities of its federal and regional states (Austria, Belgium, Italy, Germany and Spain), in particular how they participate in the development and implementation of supranational law, as well as the cooperation they have built with the national state in the integration process and the influence of the state on the internal division of powers. The analysis is expanded to include the regionalisation under way in Poland given the prospect of accession and, even further, the situation in other continents (North America, Southern Africa and East Asia).
The work opens with the incisive comments of Antonio La Pergola. Advocate General at the Court of Justice and Chairman of the Venice Commission, he defines what should be understood by the concept of cooperative federalism, explaining that its essential aim is to adapt "the system of territorial autonomy characterising one form of State to a circle of economic and social needs that do not fall within the scope of the entire federation, but are not confined either to a single member entity". In the United States, where "the old form of federalism (…) was conceived in a strict sense of dualism", cooperative federalism was given value by the "social engineer" legal experts of the New Deal; in Europe, it found a favourable substratum, adding "a new participatory value to territorial autonomy" and enabling regional cooperation to transcend frontiers within the framework of regional integration. Examining how the Union is adapting or could adapt to this evolution, Antonio La Pergola begins by setting the cat among the pigeons, asserting that it is "a modern type of confederation": "With the transition from the 'Community-market' to the 'Community-Union', the process of European integration entered into the initial phase of a confederation, which is a form of federalism, as would be the other, stronger and more mature, but certainly devoid of topicality in our case, of a genuine federal state". While the older type of confederation was a simple association between sovereign entities devoid of "powers that could satisfy tendencies towards unity " and consequently destined "to be converted, sooner or later, into a federal state" (as seen in the United States, Germany and Switzerland), modern confederations move "within an orbit that seems impenetrable for the centripetal force needed to superimpose on members a new nation, a super-state", even though they now govern simultaneously relations between individuals and not simply between states, assuring "the judicial protection of rights deriving from the Treaty for Member State citizens, even when incompatible provisions exist in national law". This is the case in the Union resulting from the Treaty of Maastricht: the Treaty marries the states on a basis in conformity with traditional confederations (with the result that "in functions of a strictly political nature, the decision-making process is located (…) at the level of diplomacy and the highest-level multilateral cooperation, which does not affect infra-national levels"), but also the peoples of Europe promised to an "ever closer Union ". Here, observes La Pergola, is where "we clearly see the finish line of advanced integration, of which the system nevertheless remains to be built in entirety" on the basis of a "modern confederal organisation".
Antonio La Pergola concludes this reflection -extremely dynamic from the intellectual standpoint- with a range of ideas capable of helping legally graft the cooperative federalism -or this "federalism of roots"- which is already shaping the Union. One of its points of support should be the Committee of the Regions, which is already significantly enriching the structure of the Union and must be given an "irreplaceable role of providing impetus". The other useful way of attaining this goal would be to deepen the partnership Europe/State/Regions initiated in the Delors era within the framework of the Structural Funds, "the first visionary attempt to introduce Europe in the regions". According to the Advocate General, the Europe "of citizens" and "Europe of the Regions are twin descendants of the parent-idea of a union that is (…) a modern confederation, of which the sovereign states and institutions in the system established by the Treaty are not the sole protagonists". These comments open the door of the Union to civil society (even if the regions are not a providential antechamber to this effect) and could help bring it closer to its citizens beyond simple slogans… Will this book be read before the IGC is pursued? Hard to say. If not, what a shame for Europe and for us. Michel Theys
*** JUTTA HERGENHAN: Le fédéralisme allemand et la construction européenne. Notre Europe (44 rue Notre-Dame des Victoires, F-75002 Paris. Tel: (33-1) 53009440, fax: 53009444, E-mail: notreeurope@notre-europe.asso.fr, Internet: http: //http://www.notre-europe.asso.fr ). "Problématiques européennes" series, No 5. 2000, 51 pages.
Over the past fifty years, Germany has developed an original federal model. In the preface to this publication, Jacques Delors, President of the Notre Europe think tank he founded in 1996, explains that the history of this development is potentially rich with lessons for both better comprehension of the particular approach to European construction taken by its most densely populated and economically most powerful Member State and as a source of reflections on the evolution of this construction itself. "Concepts like the basic law, concurrent powers at the different levels of organisation, cooperative federalism as an incentive for ongoing efforts to reach compromises are (…) all avenues to be explored in a Europe which, for a long time to come, will be working to strike an institutional balance", writes the former President of the European Commission.
Jutta Hergenhan attempts to shed light on the different aspects of this German federal model, its evolution over the years (from the strict sharing of powers by the Bund and the Länder at the outset to today's cooperative federal state) and interactions with European construction. A Research Fellow at Notre Europe and a graduate of the Institut d'Etudes Politiques in Paris and Freie Universität in Berlin, she observes in her conclusion that the Länder have handed over part of their autonomy in exchange for greater participation in federal affairs, a development that has produced a "tremendous overlapping of the different political levels of the German federal state". The result is a very complicated and not very transparent system that "makes democratic control almost impossible". This is particularly true when the Union is concerned, as the division of power creates a system whose "functioning does not favour comprehension by citizens (or by political officials in some cases) of European issues", but which, on the contrary, "leaves room for controversy and decision maker's refusal to accept their responsibilities". After wondering whether the Länder and the other constitutionally strong regions of Europe may not soon be demanding broader powers for the Committee of the Regions, the author notes that German federalism places the Union squarely before a number of fundamental problems. Is the predominance of the federal level the sine qua non condition for economic and social unity or can other solutions be considered? As the potential degree of centralisation of a federal system revolves around the definition of concurrent powers, would it be in the Union's interest to amend its Treaties so as to establish catalogues of exclusive and concurrent powers? Should exclusive powers for the Member States be set out in the Treaty or should clearer decision-making and cooperation mechanisms between the different levels be developed? These are some of the questions raised by Jutta Hergenhan who, after arguing for further development of the concept of subsidiarity and its implementation in the Union, draws attention to the fact that the "German experience is a warning against overly complicated institutional mechanisms which tend to favour technocratic excess in democracy". When she asks herself whether it is possible to speak of "executive federalism" -i.e. marginalisation of Parliaments- to describe the Union's decision-making process, she raises, in the light of the German experience, a crucial question that sheds new light on the problem of the democratic deficit. A problem too complex to be solved by slogans, gimmicks or artifice, as borne out by its persistent nature… (MT)
*** In Europa. E ora Europa dei cittadini e del lavoro. March 2000. Via Ciaroli 11, 16124 Genova.
Former Member of the EP (Democratici di sinistra) Roberto Speciale, Chairman of the Centro in Europa (relaunched recently as a cultural and political meeting place), explains in an article in the most recent issue of In Europa, published in Genoa since 1991, the objectives of the publication's new series, and notes that the Left "cannot grow" if it fails to recognise the priority that has to be given to Europe. This issue -largely devoted to social issues- includes articles by Giorgio Napolitano, Chair of the European Parliament Committee on Constitutional Affairs, on the IGC, and MEP Fiorella Ghilardotti on employment policies. Other articles discuss regional policy and Structural Fund interventions (a very topical subject in Italy), and worker consultation in the "new economy". Renzo Miroglio, in an article entitled "The Commitment to a European Trade Union", discusses the CGIL initiative in Genoa, "Information and Workers' Rights in the European Union", and Paola Repetto, of the CGIL in Liguria, describes "Trade Unionism as a 'Job' in a European Perspective". (MG)
*** DANIEL GUEGUEN: Guide pratique du labyrinthe communautaire. Editions Apogée (4 bld. Gaëtan-Hervé, F-35041 Rennes Cedex 2, and 119 av. Plasky, B-1030 Brussels. Tel: (32) 027365800, fax: 027387120, E-mail: clan@online.be). "Sésame pour l'Europe" series. 2000, 115 pages., FRF 145, BEF 890, EUR 22. ISBN 2-84398-070-4.
Also published in English, with the title A Practical Guide to the EU Labyrinth, this volume is in its seventh edition, evidence in itself that it is useful indeed. Daniel Guéguen, who knows the halls of Community Europe well (he has headed the European Sugar Federation and was Secretary General of Copa-Cogeca, the European farmers' union), knows how to simplify things which legitimately can appear complex, namely the institutions, structures and procedures through which the Union is being built. This 2000 edition includes the changes that took place in 1999, whether in the Commission, Parliament or Treaty of Amsterdam. The Guide pratique has been translated into 18 languages -including Russian- and a Polish version will be published soon. (MT)
*** CHRISTIAN PHILIP, Ed.: Référé et droit communautaire. Centre de documentation et de recherche européenne, Université Jean Moulin Lyon III, Faculté de droit (15 quai Claude Bernard, BP 0638, F-69007 Lyon Cedex 2, Tel: (33-4) 72724442/72722061, fax: 72724466, Email: cdre@sunlyon3.univ-lyon3.fr). "Les Cahiers du CDRE" series, No 1. 1999, 194 pages.
This first issue of the Cahiers published by Centre de documentation et de recherche européennes (CDRE) analyses the specificity and scope, under both French and European law, of the notion of interim rulings, traditionally defined as a contentious procedure enabling the judge to take a decision on an urgent basis. The themes discussed by the contributors include the duality of national interim rulings resulting from Community requirements, the search in European law for national judges capable of treating matters speedily and managing urgency, the statute of the judge in interim proceedings in relation to Community law, the capacity of the Court of First Instance to rule as interim judge, the Antonissen interim ruling taken by the Court of Justice in 1997. A list of members of the CDRE and their most recent publications completes this specialised volume meant for lawyers and researchers. (ED)
*** P. J. G. KAPTEYN, VERLOREN VAN THEMAAT: Introduction to the Law of the European Communities. From Maastricht to Amsterdam. Kluwer Law International (Sterling House, 66 Wilton Road, London SW1V 1DE). 1998, 1,447 pages. ISBN 90-411-9667-6.
This reference work is in its fifth edition in Dutch and serves as the basis for this third English edition, edited by Laurence W. Gormley. The work now covers the post-Maastricht period that saw completion of the single market and the launch of Economic and Monetary Union. The innovations made by the Treaty of Amsterdam in the area of employment and social policy are also described, with particular emphasis given to developments in competition law. These aspects complete a vast 1500-page panorama that takes readers back to the origins of the Community undertaking and places in their legal context the successive enlargements, various general aspects of the Communities, their basic principles and the principles of European citizenship. In short, an exhaustive legal approach to European integration in all its dimensions, matched with a rich bibliography and interesting comments on the Union in the new century. (LD)
*** COMMISSION EUROPEENNE: Les actions structurelles 2000-2006. Commentaires et règlements. Les Fonds structurels, le Fonds de Cohésion, l'instrument structurel de préadhésion. Distributed by the Official Publications Office (L-2985 Luxembourg). 1999, 158 pages, EUR 9.50. ISBN 92-828-7768-X.
This guide is meant to help potential recipients of the Structural Funds, the Cohesion Ffund and the Pre-accesion Instrument understand the regulations governing these resources and the basics of how they operate. It includes: a comparative analysis highlighting the main changes to the Structural Fund regulations for the period 2000-2006 in relation to the previous period (1994-1999), with references to the articles concerned; an explanation of the principal modifications made to the Cohesion Fund; an introduction to the structural Pre-accession Instrument; the complete texts of all the regulations concerned; and contact information for the authorities responsible for Fund implementation in each Member State.
*** COMMISSION EUROPEENNE: Règles communautaires applicables aux aides d'Etat. Vademecum. Distributed by the Official Publications Office (Luxembourg). 2000, 26 pages. ISBN 92-828-8059-1.
This guide provides a succinct overview of the basic Community rules on state aid schemes. It examines the following aspects: how state aid is defined, exemptions to the ban on state aid, notification and authorisation procedures, and the treatment of state aid in the framework of Structural Fund programmes. An annex deals with the state aid questions most relevant to the Structural Funds.
*** EUROPEAN COMMISSION: Guide to Territorial Employment Pacts 2000-2006. Distributed by the Official Publications Office (Luxembourg). 1999, 20 pages. ISBN 92-828-8554.
The goal of this mini-guide is to provide information on the implications of implementation of the Employment Chapter of the Treaty of Amsterdam for national civil servants in their relations with local and regional partners, and on the new provisions in the Structural Fund rules that can provide support for local development and employment programmes, in particular the territorial pacts for employment.
*** Comment faire valoir vos droits dans le marché unique européen. Dialogue avec les citoyens et les entreprises. "Europe direct" (tel: 0800/92039, http: //europa.eu.int/citizens -for individuals - or http: //europa.eu.int/business -for businesses -). 24 pages. ISBN 92-828-6677-7. Existe en allemand.
Published as part of the European Commission's initiative for "Dialogue with Citizens and Business", this guide is meant to enable individuals and companies to exercise their rights in the single market. It explains various means of redress and how to make use of them at national and Community level.
*** Europa-Europe. Bimonthly. Fondazione Istituto Gramsci (vi Portuense 95, I-00153 Roma, tel: (39-06) 58334151/5817017, fax: 58349186, Internet: http: //http://www.europaeurope.it , E-mail: redazione@europaeurope.it). 1999, No 6, 174 pages. Annual subscription: ITL 120,000 (Italy) or 180,000 (abroad).
This issue includes several articles on the euro, notably: the euro and the new European financial architecture; the euro, a currency of rapprochement; the implications of the euro for third countries; preventing financial crises, in the light of past lessons; financial management; reform of the economic architecture and international finances. Also: studies on the Dehaene Report and the prospects of European constitutionalism and young people and the future of politics.
*** Revue du marché commun et de l'Union européenne. Ed. techniques et économiques (3 rue Soufflot, F-75005 Paris, tel: (33-1) 55426131, fax: 55426139, E-mail: editecom@starnet.fr, Internet: http: //http://www.editecom.com ). No 437, 67 pages. Annuial subscription: FRF 1,010 (France) or 1,200 (abroad).
In this issue: an interview with Commissioner Verheugen, responsible for enlargement; articles on the new ACP-EU partnership agreement, the function of government in an expanding Union, the Convention on the Charter of Fundamental Rights and the process of European integration, the new order of European economic policy, and employment and local development in rural areas.