*** Revue du droit de l'Union européenne. Clément Juglar publications (62 av. de Suffren, F-75015 Paris. Tel: (33-1) 45675806 - Fax: 45665070 - E-mail: aal@auxam.fr). 2-2000, 489 pages, FF 290. Subscription: FF 1,110, EUR 169.22.
At the end of last month, the European Commission published (in Official Journal No C/121) an interpretation Communication over "concessions" of public utility services in Community law. The beautiful subject for lawyers, one would say. And it is true. It is enough to see the number of rulings from the Court of Justice that, directly or indirectly, deal with them to realise this. The error would be not to see this aspect, by neglecting the economic and political importance, and also historic of this subject. The concessions represent the act by which a public authority confides to a third party the management, complete or partial, of a service that is normally its responsibility.
On a historical level, the Director responsible for this sector in the Commission services, Alfonso Mattera - whose the study covers 70 pages of this review - teaches us that the system of concessions dates back to Greco-Roman antiquity. When Emperor Caracalla decided to set up new baths, he noted that the Empires coffers where empty and he entrusted the construction and operation of "his" baths to rich families in Rome who had (as is still the case today) financial resources that where greater than the State's. In five years, the new public baths where ready, every visitor can still today see the results as what remains of the baths of Caracalla are among the most imposing and impressive ruins from ancient Rome, and of all antiquity: one of these establishments was more than enough to welcome for several years an opera season (including Aida with elephants of stage).
Our leaders are more modest and do not claim the immortality of work resulting from concessions that grant to the private; but it nevertheless concerns large undertakings: bridges, tunnels, motorways, stadiums and sports complexes, more recently the TGV connections. As a whole, the concessions are assessed to an amount of between 5% and 10% of European Union's GDP. It is not something simple, and we see that the EU cannot not take care of it. Not through regulations, but by defining the principals and criteria to apply to ensure that, in particular, the rules of competition are respected. The public authorities cannot attribute the concessions in an arbitrary manner, not reserve them for public companies. Though at the same time, the State must ensure that the activities given in the concession are accessible to the whole population. It is a similar problem to that of the liberalisation of public services: competition is necessary in order for the citizens to have the best services at a fair price, but the franchise holder that is submitted to the obligations of universal public services must be protected against competitors that do not have the same obligations.
We do not claim to summaries the study by Prof Mattera, but simply to signal to all those that this problem interests, that they may now have, besides the interpretative communication by the Commission already cited, this study which confirms in particular that the Commission formulates no reservations of principal towards the system of concessions. On the contrary, it considers them as an efficient instrument for public/private partnerships. Its aim is to guarantee the transparency of the operation and the respect for competition, so that all concessions are granted to the best competitor, benefiting the consumer and companies, thus economic growth and, in the end, employment.
This issue of this review, already well known by our readers contains, in addition to the usual sections, two other texts that present in our opinion, at this time a special interest. The first is a study by Prof. Karagiannis from the University of Lille II on the protocols of the Amsterdam treaty relating to institutional reform; it is clearly said in these protocols that the EU must undertake a global re-examination of its institutional functioning before going past the number of 20 Member States. It is a clear and explicit obligation that thus goes well beyond the simple fact on making up for the three leftovers from the Amsterdam Ttreaty and that they sometimes forget. The second is an article by Mercedes Candela Soriano, assistant to the University of Liege, on the setting of prices in the book sector, in the light of the Community Treaty, and a problem that is once more topical. It allows to document to all those who will have to deal with it, be they Ministers of civil servants, MPs or journalists.
Ferdinando Riccardi
*** Diritto comunitario e degli scambi internazionali. Editoriale Scientifica. (42 via generale Giordano Orsini, I-80132 Naples. Tel: (39-81) 7642644 - Fax: 7646084 - Email: es@editorialscientifica.it - Internet http://www.editorialescientifica.it ). 2/2000, 456 pages. Subscription: ITL 275,000 .
The April-June 2000 issue of this quarterly review published for nearly forty years - and which has offices in Milan, Parma and Naples - contains as usual, an analysis of recent Community jurisprudence and, in particular, an article by Fausto Capelli on "the reform of the Community discipline of competition and the new tasks entrusted to national judges". The author who examines in particular the possible repercussions in Italy of the reform of the Competition policy proposed in the European Commission "White Paper", expresses a certain concern for these projects, given "the limited preparation" and the "lack of experience" - he says - of the Italian judges in terms of competition matters. According to him, the remedy for this new inconvenience by deciding to reserve a specific competence in terms of competition (and also patents, brands and possibly State aid) solely for the Courts, and the corresponding Court of Appeals, which would be specifically selected. Thus, feels Mr Capelli, the Higher Council of the Magistrates and the Minister for Justice could better carry out "an efficient and complete training programme for judges" that will have to work in these matters.
(MG)
*** European Community competition policy 1998. XXVIIIth Report on competition policy. European Commission (DG Competition). Office for the Official Publication of the European Communities (L-2985 Luxembourg). 1999, 102 pages. ISBN 92-828-6765-X.
This annual report is still prefaces by Karl Van Miert, responsible for Competition policy in the former Commission. That is to say it is dated. Nevertheless it remains interesting for those who, for one or other reason, are in the obligation of having to refer to the decisions that arose in the past and to understand the development of this determining policy.
(LD)
*** Mélanges en hommage à Michel Waelbroeck. Volumes I et II. Etablissements Emile Bruylant (67 rue de la Régence, B-1000 Bruxelles. Tel: (32-2) 5129845). "Etudes de droit européen et international" collection. 1999, BEF 11,500. ISBN 2-8027-1252-7.
These two bricks (together the two volumes are no less than… 1,740 pages, not counting the annexes) form a homage made by his European peers to a well known Belgian lawyer who found his vocation in the study and practice of European law, in particular Community law. As with Prof. Georges Vandersanden (Free University of Brussels) explains in his preface written in the name of the Initiative committee, the "immense" contribution of Michel Waelbroeck (who taught for a long-time, him to, at the ULB) to the study and deepening of the Community legal order was based "on an act of faith and hope": "that of belief in a Europe that is both open and strong, respectful of the ideals democracy and the defence of human rights". The "homage" that are made to him - in French or in English - where grouped around three themes that dominate in his legal work. First, international law, with contributions dedicated, among others, to international law applicable to international organisation, the peculiarities of the jurisprudence procedure of the International Court of Justice, to "the vain summation, condition for the exercising of counter measures", to the Energy Charter compared to Community energy policy, the future go the legal Europe in the light of the planned enlargements, the identification of standardising acts, the respect for fundamental rights as a constitutional principal, the control activity of the Court of Justice, the impact of Community law on national law, the prejudicial procedure, advertising and access to official documents… Finally, in the third part, it is the more specific aspects of Community law that are broached, such as competition law or that relating to major freedoms and common policies.
(MT)
*** CHRISTINE BOCH: EC Law in the UK. Pearson Education Limited (Edinburgh Gate, Harlow, Essex, CM20 2JE England). Tel: (44-1279) 623928 - Fax: 414130 - E-mail: enq.orders@pearsoned-ema.com). "European Law Series" collection. 2000, 247 pages, GBP 27.99. ISBN 0-582-35716-0.
The relationship between Community law and national law has been discussed many a times, but it is a field under constant change and Christine Boch - who is assistant to the Europa Institute in the faculty of Law at the University of Edinburgh - chose, as a French trained lawyer, to present, in a "refreshing perspective", the application of Community law in the United Kingdom. The aim of her study is to familiarise the readers with the possibilities of appeal by individuals before the British courts in case were Community law has been breached, reason for which she concentrated on jurisprudence law involving British courts. However, Christine Boch underlines that she did not want to show the direction in which should or not move this jurisprudence law.
This work could give the impression that Community is the strong arm, but the reality it describes is only the tip of the iceberg. And, sadly, deplores the authors, the non-application of Community law by all those who should respect it remains still too common. Even if it is a unitary country, the United Kingdom has a plurality of judicial systems (England, Wales, Scotland and Northern Ireland); the author has only taken into consideration English law. However, notes Christine Boch, it is not a case of presenting a British point of view on Community law, but rather that of a lawyer from the European Union on the way a Member States adapts to Community requirements.
(CB)
*** Droit international privé. Travaux du Comité français de droit international privé. Editions A. Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597 - Fax: 46340760). 2000, 346 pages, FF 260. ISBN 2-233-00363-2.
Gathering together figures from the legal world, mainly academic and judicial, the French Committee for International law periodically publishes its works, proposing not only the up dating of judicial reflection, but also a presentation of more topical research. This book gathers together Communications and debate recorded over the years from 1995 to 1998. The subjects broached are, among others, international private law against the European Human Rights Convention, the jurisprudence of the State Council (French) relating to the conditions of foreigners, the international aspects of the Internet, multi-Community societies in the face of the development of international private law, the extension of the system of the Brussels Convention to family law, the change in matrimonial systems in the international order…
(MT)
*** ANDRE DELVAUX, FRANCOIS MOISES: Droit bancaire et financement des marchés publics. Larcier (39 rue des Minimes, B-1000 Brussels. Distribution: Accès, 4 Fond Jean Pâques, B-1348 Louvain-la-Neuve. Tel: (32-10) 482500 - Fax: 482519 - E-mail: acces+cde@deboeck.be). "Les Dossiers du Journal des tribunaux" collection, N° 24. 2000, 122 pages, BEF 1,380, FF 224. ISBN 2-8044-0664-4.
Both lawyers (André Delvaux is, among others, senior lecturer at the University of Liege), the authors broach, in this work, the issue of the legality of complex legal montages through which the public powers intend, rightly or wrongly, to carry out - on the sidelines of the regulation, be it national or European - certain investments in partnerships with the private sector. The work works to clarify the sophisticate system set up by Community law and internal law to determine the financial markets that effectively stem from an imposing regulation, among others, the obligation to advertising and the creation of competition. The authors also consider the ways to conciliate the "public markets" Directive and the free provision of services that is foreseen, among others, by the second Banking Directive.
(MT)
*** ALEXANDRE KISS, JEAN-PIERRE BEURIER: Droit international de l'environnement. A. Pedone publications (see details above). "Etudes internationales" collection, N° 3. 2000, 424 pages, FF 300, EUR 45.75. ISBN 2-233-00368-3.
Professors Kiss and Beurier offer, in this work that is in its second edition, precise information, a summary of the basic principals and reflections on the essence and development of international and Community environmental law which has seen, over the last four years, a phenomenal development both in view of safeguarding the elements of the biosphere as for fight noise pollution and cross border pollution. A very complete study.
(MT)
*** Futuribles. Analyse et prospective. Futuribles Sarl (55 rue de Varenne, F-75341 Paris Cedex 07. Tel: (33-1) 53633770 - Fax: 42226554 - E-mail: revue@futuribles.com - Internet: http://www.futuribles.com ). July August 2000, N° 255, 144 pages, FF 78, EUR 11.89. Annual subscription: FF 740, EUR 112.81. ISBN 2-84387-255-3.
While the Hague Conference is underway, the forward looking review lead by Hugues de Jouvenel dedicates a dossier to the climatic stakes after Kyoto. Professor of political sciences at the Massachusetts Institute of Technology, Eugene Skolnikoff shows very clearly what are the resistances faced by the implementation of a policy enabling the United States to fulfil its undertakings with regard the climatic risk, thus the doubts held compromise the negotiations, at an international level, with a measure of good governance. Researchers at the Economics and Energy Policy Institute, Patrick Criqui, Silvana Mima and Laurent Viguier, for their part, show how could be established a system of negotiable pollution licences. On the basis of simulations, they assert that the establishment could have a significant redistributing effect to the benefit of Eastern and Southern countries (licence exporters) while contributing towards limiting the emission of gas threatening the climatic balance.
(MT)
*** EUROPEAN COMMISSION: Adapt the institutions to succeed with enlargement: Commission opinion. Office for the Official publication of the European Communities (2, rue Mercier, L-2985 Luxembourg - Tel: (352) 2942455 - Fax: 2942758 - E-mail: info.info@cec.eu.int). Special edition 2/2000 to the European Union bulletin, 57 pages, EUR 8.
This opinion from the Commission is one of the basis for discussion by the present Intergovernmental Conference, which should finish during the European Council in Nice. The Commission is developing its point of view on the extension of qualified majority decisions, notably suggesting to establish a link between qualified majority voting and the codecision procedure between the Council and Parliament for decisions of a legislative nature. It also recommends to foresee in the Treaty that a decisions taken by qualified majority gather a simple majority of Member States representing a majority of the EU's total population, which would have the advantage of simplicity and transparency. This brochure also publishes the ideas of the Commission concerning the functioning of the institutions, starting with itself.
*** ECONOMIA EXTERIOR: Estudios de Politica Exterior. España, Europa: apoyos a África. (Padilla, 6 - E-28006, Madrid - Tel: (34-91) 4312628 - Fax: 5777252. E-mail: revista@poloticaexterior.com - Internet: http://www.politicaexterior.com ). Otoño 2000, N° 14, 174 pages. Annual subscription: ESP 6,500 (Spain), ESP 11,000 (other countries).
According to economists, the loss of legitimacy of public aid, the new standards for international trade and the increase in the level; of poverty require the revision of the basis for relations between Africa, Caribbean, Pacific countries with the European Union. Other themes broached: optimistic forecasts from the IMF and the World Bank as to the ability of Equatorial Guinea to recover on an economic level and ensure its growth through the development of the oil and gas industry. Southern Africa which is the poorest region in the world, the Spanish hold on Angola and Namibia, the experience of one NGO in Africa, education in public health in South West Africa, the imperial experience in Sub Saharan Africa, Nigeria as a potential region for the future, "democracy, dictatorship and oil", an assessment of the economic situation and the opportunities in Africa.
Reviews in short
*** Ministère des Finances, administration générale des impôts: rapport annuel 1999. (Tour des finances, 50, bte 65, Bd du Jardin Botanique, 1010 Brussels). July 2000, 170 pages. This brochure presents the report by the Belgian administration for taxes for last year. The efforts to adapt to information technologies and the first phase of the transition to the Euro are described. *** European Environment Agency. *** 1999 in short. Luxembourg. 2000, 22 pages.. The European Environment Agency established an assessment of its activity: new foundations for cooperation with the EC services, complete modernisation of the Agency's web site (http://www.eea.eu.int ), the Princes Award the crowns films and other multimedia presentations on themes linked to the environment, not forgetting the networking of EIONET of which the agency wants to be at the core. *** Hong Kong News. Brussels, September- October 2000, 12 pages. In summary: economic growth of 8.5%, the Hong Kong-Disneyland rail, a new head for the Hong Kong Brussels Office as well as government investment in public transport.