*** Transversales Science/Culture. Transversales (Subscription service, F-60646 Chantilly cedex France. Tel: (33-3) 44625780 - E-mail: transversales@globenet.org - Internet: http: //http://www.globenet.org/ transversales). N° 65, September-October 2000, 32 pages, FF 70. Subscription: FF 400.
Even if there was once the day when it truly dominated the world and anaesthetise the ideas, today it must now form with the contradictors the single thought that, on the level of lucidity and creativity, damn the pawn in the eyes of many. This review is a very good example. With its dossier dedicated to the European building process, it bears witness, either way, to the rise in power and expectations of civil society which, at this level as with all others, translates with the discomfort of citizens in the traditional political moulds and their aspirations, more or less well expressed, to rethink democracy and the economy. This development is perfectly illustrated in a "Editorial call" singed by Philippe Merlant, Jacques Robin and Patrick Viveret. They start from the realisation that the recent crisis in road transport "showed the inability of policy to deal with a complex issue" or, rather, to "manage the long term" by articulating "problems that are at the cross roads of several scales of time (the short, the medium and long-term), territories (from local to global), the sector based stakes (economic interest, social aspirations, political ties and symbols)". They call, as a result, for an in-depth renovation of democracy and its tools. The propose, to this effect, to provide themselves "with indicators for ecological and social destruction" as well as to redefine, in-depth, the nature of taxation in order to put an end to its "subordination to only economic criteria" (for them "if wealth is only produced by companies and if it only consists of auditing the monetary flows, then all other actor is a simple tax and not a creator of wealth, be it families, the State, associations or educational and sanitary actors, to cite but a few"…). What cannot pass, in their eyes, only by the building of a "higher level of democracy allying, instead of opposing, the functions of representation, deliberation and participation", in order to give life to a "multiple society" that can break the "economically based totalitarianism" formed for the market society. In line with this, they assert that "the issue of currency (…) is not reducible to the economic level", that it has "no value in itself" but that "only humans in their relations between themselves and with nature are sources of value creation". Thus it means, according to Merlant, Robin and Viveret to "return the priority to the link with the good" by allowing for the introduction of alternative currencies… Utpoia(s) that is all this? Maybe. But is utopia not preferable to despair and violent revolt?
Either way, the dossier dedicated to Europe - under the heading "from the Charter to the planned civilisation" - can maybe be the flank to whatever criticism of thinness in the head of those who contributed. First we find Philippe Merlant who, while welcoming the most open, transparent and democratic method in which it was drafted by the Convention, deplores the limits and ambiguities of a Charter that should have "acted as a basis (or "heart") to a future constitution, thus laying the foundations for a true project of a society for Europe". He also regrets that the policies have not grabbed hold of the proposals made by Joschka Fischer to engage in a irreversible manner a true debate on the constitutional process". Which brings him to propose that the following ten years are proclaimed "decade of Europe": "And that we start, as of 2001, to organised this general debate that calls for the setting up of the most formidable democratic mix in history? Only the pooling of visionaries can move forward the debate and enable it to leave the woods where it is lost". After Pier Virgilio Dastoli, spokesperson for the Permanent forum for civil society, had diagnosed (without complacency for the NGOs…) the causes of the weakness of the Charter and that Jean-Louis Arnaud, close to Jacques Delors within the association Notre Europe, has looked at the reasons for the "silence of France" (the "neutralisation" due to cohabitation is not a stranger), Christophe Aguiton, Valérie Peugeot and Patrick Viveret call, in line with this, in favour of an alliance between the European civil movements and those that "occupy the for of the international scene" by pushing "for a different globalisation". Though the end word comes to Dominique Taddei and to Ann-Corinne Zimmer who propose "a citizens move for a Constitution of Europe" based upon the conviction that "without the citizens involvement, the whole idea of making Europe a political power will remain in vain". Who could call them wrong ? Michel Theys
*** YVES MENY, YVES SUREL: Par le peuple, pour le peuple. Le populisme et les démocraties. Fayard (75 rue des Saints-Pères, F-75006 Paris. Tel: (33-1) 45443845). "L'espace du politique" collection. 2000, 326 pages, FF 140. ISBN 2-213-60077-5.
This work answers, in a certain manner, the previous review. It is, in some ways, the dark side of the same reality that these authors paint for us. With answers given to the same problems, but diametrically opposed. These unpleasant, degrading and dangerous impulses, they decipher with finesse and intelligence, beyond the slogans of politically correct. Today as Director of the Robert Schuman Centre for Advanced Studies at the Florence European University Institute, Prof. Yves Mény (Paris Institute for political studies) who is responsible for research at the national foundation for political sciences, into the populist challenge within the western representational systems after having clarified a concept that does not have as its only face Haider and Le Pen… (MT)
*** European policy. Research in political science and the European Union. L'Harmattan (5-7 rue de l'Ecole Polytechnique, F-75005 Paris. Tel: (33-1) 40467922 - Fax: 43258203 - Internet: http: //http://www.editions-harmattan.fr - E-mail: harmat@worldnet.fr) - Pôle européen de Sciences Po (5 place Saint-Thomas d'Aquin, F-75007 Paris. Tel: (33-1) 44397495 - Fax: 44397491 - Internet: http://www.portedeurope.org - E-mail: politique-europeenne@sciences-po.fr). N° 1, April 2000, 146 pages. Annual subscription (3 issues): FF 240/FF270 (abroad). ISBN 2-7384-9114-6.
Aimed at opening French policy to the themes of European integration, this new quarterly review - in French and English - welcomes contribution from confirmed young researchers or academics that put into perspective the theoretical approaches and practices of the EU. Dedicated to the methodologies used in contemporary policy, this first edition opens with an article by Patrick Hassenteufel (University of Rennes-I) and Yves Surel (IEP-Paris) who question standardisation and the way in which to comprehend "European public policies". Pr. Neil Fligstein (University of California, Berkeley) then examines the phenomenon of the Europeanisation of economic and social structures stimulated by the single market. Andy Smith (IEP-Bordeaux) and William Genieys (University of Montpellier-I) looks at the transformation of the wine industry in the South of France since 1960 and attempts a theoretical interpretation of the European integration process centred on its relations with ideas in politics. Renaud Dehousse (IEP-Paris) then bring into perspective, as for him, the autonomy if the European legal sphere and calls for a more contextual approach to the Community issues. Richard Robyn (Kent State University, USA) offers a quantitive reading on the changes to national identity caused by the creation of Community institutions. Prof. Jean Leca (IEP-Paris) finally presents an original interpretation of the notion of legitimate governance in a united Europe. The review ends with the presentation of research projects and bibliographic inventories. (ED)
*** For Europe. Editions Publisud (15 rue des Cinq-Diamants, F-75013 Paris - Tel: (33-1) 45807850 - Fax: 45899415 - E-mail: publisud@compuserve.com) - Robert Schuman Institute for Europe (3 av. des Sources, F-84000 Avignon - Internet: http: //http://www.robert-schuman.org - E-mail: info@robert-schuman.org). "Europe-Cultures" collection, N° 9, "Political Documents Robert Schuman". 2000, 105 pages, EUR 15. ISBN 2-86600-565-8.
Published by the Robert Schuman Foundation for Europe for the fiftieth anniversary of the Schuman declaration, this work offers - for the first time in English - a selection of texts taken from the work "For Europe" published by Robert Schuman in 1963. Presented as a political testament of the former French Minister for Foreign Affairs, this book summarises, in fact, the origins and the broad guidelines of his European policy. Free from criticism, but enhanced with several photographs, the brochure raises in succession the identity and ideals of Europeans, the political and international dimension of Christianity, the Franco-German reconciliation, the British view of a united Europe and the implementation of the European Coal and Steel Community. The full text of the May 1950 declaration is found in the annex. (ED)
*** Reform the Treaty revision procedures. Second report on the reorganisation of the European Union Treaties handed to the European Commission, on 31 July 2000. European University Institute, Robert Schuman Centre for Advanced Studies (9 via dei Roccettini, I-50016 San Domenico di Fiesole. E-mail: divry@datacomm.iue.it. - Internet: http: //http://www.ieu.it/RSC/Treaties.html ). 2000, 29 pages. This report is available in three languages at the web address above.
After its report on the reorganisation of the Treaties handed to the European Commission on 15 May (and which attempted to "consolidate the present position of primary law), the Florence University Institute has now published in the form of a brochure its second report, which examines the process that should govern the development of the Treaties in a widened EU to thirty odd members, and which makes a few more concrete proposals for reforms to the revision procedure presently enforced. The rapporteur Hervé Bribosia, seconded by a working group formed of eminent lawyers, under the coordination of Claus-Dieter Ehlermann and Yves Mény and with the participation of Ambassador Philippe de Schoutheete, special adviser of European Commissioner Michel Barnier, notes that, in comparison with the practice of international organisations, the general procedure for the revision of Community Treaties is "particularly rigid", even if "the European Treaties have practically not stopped being amended over the last fifteen years". According to the authors, this rigidity "has certainly contributed to legitimising the integration process" within the machine "unprecedented in the history of international organisations" over which lies the European building process, but the experience of the last years has, on the one hand, showed the limits of such as procedure in an EU that continues to widen and, on the other hand, "the rigidity and solemnity of the general revision procedure have contributed to the appearance of procedural side turns" (interinstitutional agreements, for example). From where the formulation of a series of "guidelines" notably aiming to reduce the risks of blockage linked to the unanimity while protecting the "States in minority" and at the same time "optimising the role of national parliaments" and increasing the influence of the European Parliament.
These suggestions (which, at this stage, are far from making unanimity among the Member States) consist, for the most part, to: - better prepare and "increase discipline" of the session of Heads of Government gathered within the European Council, especially at the end of negotiation in the intergovernmental conference", in order for the latter to not be cluttered with a certain number of issues that should be resolved prior to this (this concerns, for example, imposing the respect for certain deadlines in the revision process, "well know technique with modern constitutions to avoid any rash decisions"); - strengthen the democratic nature of the process by increasing the involvement of the national parliaments and the European Parliament (whose assent should be required) and to consider the "Convention" formula"; - progressively replaced the revision of common agreement with a "super-qualified" qualified majority vote (for example, four fifths or nine tenths), with "institutional guarantees for the Member States that form the minority. (MG)
*** YVES DOUTRIAUX, CHRISTIAN LEQUESNE: Les institutions de l'Union européenne. La documentation Française (29-31 quai Voltaire, F-75007 Paris. Tel: (33-1) 40157000 - Fax: 40157230 - Internet: http://www.ladocfrancaise.gouv.fr ). "Réflexe Europe" collection. 2000, 174 pages, EUR 10, FF 65.60. ISBN 2-11-004472-1.
Written by specialist, this work - which is in its third edition, which bears witness to its quality - presents the European institutions in their daily activities, the French wrangling that are connected to it, the changes introduced since Amsterdam and the developments in view of enlargements. (MT)
*** LUIGI DANIELE: Il diritto materiale della Comunità europea. Introduzione allo studio del mercato interno e delle politiche comunitarie. Giuffrè (40 Via Busto Arsizio, I-20151 Milan - Tel: (39-02) 380891 - Fax: 38009582 - E-mail: giuffre@giuffre.it - Internet: http://www.giuffre.it ). 2000, 346 pages, ITL 38,000, EUR 19.63. ISBN 88-14-08233-2.
Re-edited for the third time since its first appearance in 1996, this manual in Community law offers a very complete panorama of the European building process. After an introductory chapter in which he recalls the crucial characters in the Community legal order and the political and economic finalities of the EU, Prof. Luigi Daniele -President of the Faculty of Law at the University of Trieste - successfully reviews all of the EU 15 common policies. Each thematic section is accompanied by a highly current international bibliography. The work also contains a list of the most significant rulings of the European Court of Justice, a table of the Acts derived from Community legislation and a detailed analytical index. A classic of its kind. (ED)
*** Documents. Revue des questions allemandes BILD (50 rue Laborde, F-75008 Paris. Tel: (33-1) 43879040 - Fax: 42935094 - E-mail: bild.documents@wanadoo.fr). September-October 2000, N° 4, 128 pages. Annual subscription: FF 230 (France), FF 250 (abroad).
In a country where, as explains Joseph Rovan, the scientific concern is never separated from the political debate, be it over the Nazi past or that of the former GDR, history takes on all its importance. This is why this review concentrates lengthily over this subject in this issue through texts by historians, but also a study by Joseph Pinard, Franche-Comté MP, on R.P. Chaillet, founder and contributor of "Témoignage chrétien", a publication crucial to the French resistance against Hitlerism which, in the darkest days of occupation, always held to distinguish national-socialism from Germany separate from the culture of freedom. In other texts retracing the agreement of a democratic France with a democratic Germany. Divorce and twinning between these two countries are broached without the society part. Not forgetting the culture aspect where two very rich studies together tackle the company, intercultural management and the leadership of a company in another country.
*** Revue européenne de droit de la consommation. CDC Publications, Université catholique de Louvain (2 place Montesquieu, B-1348 Louvain-la-Neuve. Tel: (32-10) 458731 - Fax: 478532 - E-mail: legreve@cdc.ucl.ac.be). 2/2000. Annual subscription: BEF 6,800.
While the economic borders have disappeared within the single market, the legal borders remain firm to the diversity of rights and procedures applicable. Community law could break these borders and enable for safer cross border consumption for the consumer. Its enemies: closed off means for access legal aid, simplified procedures unsuitable for cross border litigation, deficient legal aid and especially, the impossible cross border action of consumer organisations. The cross border consumer must thus resort to international private law that fails. The solution: the creation by Community law of a freed European legal area that would imply a Community competence, judicial cooperation in civil matters. The scope of application would be vast: improve and simplify cooperation in terms of obtaining evidence, the compatibility of rules applicable in Member States in terms of conflicts of laws and competence. Other themes broached in this review: oscillation of the burden of proof, adjustments of relationships of force, competition and free movement of goods and services, abusive contracts and clauses, financial services, consumer debt, electronic commerce and information society.
*** EUROPEAN COMMISSION. Community strategy for access to markets: raising the challenge of globalisation. Edited by DG Trade in the European Commission (Brussels) and distributed by the Office for the Official publications of the EC, L-2985 Luxembourg. 2000, 13 pages.
Since its launch in 1996, the Community strategy for access to markets has become one of the pillars of European trade policy. In the framework of the new stage in its implementation, the Commission has opened on the Internet a database on access to markets. This database has three functions: find obstacles to European exporters and ensure the adoption of measures for each obstacles identified, provide crucial information concerning European exporters as well as acting as a means of interactive communication between companies and European authorities. The database can be consulted on the Internet at the following address: http: //mkaccdb.eu.int. The EU users will benefit from an unlimited and free access. Once the obstacles to trade are identified, the EU has several ways of eliminating them: - resorting to consultation and WTO dispute settlement mechanisms, consultation in the framework of bilateral trade agreements, diplomatic pressure and new negotiations. This brochure presents the various facets.
Reviews in short
*** Slovenia Weekly. Ljubljana, 28 November 2000. In summary: the tragedy of the Mangart Mountains, this enclave of the national park drowned under the torrential rains in November, the progress in the context of the Schengen agreements, an analysis of the energy sector and the economic boom in 2000. ***Travail, le magazine de l'OIT. Aggravation des risques sociaux: êtes-vous protégés? Brussels, Sept.-Oct. 2000. The 2000 report on work in the world bears witness to the worsening of the social risks. Certain aid programmes are set up such as the fight against child labour in Burkina Faso or in Cambodia. Other themes broached (Philippines, South Africa, Thailand…).