*** JACQUES VANDAMME, FRANCOIS VAN DER MENSBRUGGHE (Edited by): La régulation des services publics en Europe. Editions ASPE Europe (36 rue de Laborde, F-75008 Paris. Tel: (33-1) 43876014 - Fax: 43876891 E-mail: aspe@club-internet.fr). "TEPSA" collection. 2000, 493 page, FF 220, EUR 33.53. ISBN 2-9100777-11-1.
Where has the regulation of public services got to in the Union member countries? Can one note convergence that would outline the first signs of a Community harmonisation? It is necessary to promote an integrated European coordination if the national regulatory bodies? Is it appropriate to consider the creation of specialised European bodies to frame, beyond the simple application of general competition rules, the activity of public services at the level of the European market? Will we see the formation, while the concept of a federal Europe is brought to the public and the agenda of diplomatic negotiations, of the federal regulatory authorities for the sectors concerned: post offices and telecommunications; Internet and satellite broadcasting; aviation and rail transport; gas and electricity supply? What shared guidelines must be established between the European regulators competences and those of national and regional bodies, in the framework of subsidiarity?
These are the questions that are asked at the beginning of the work by Christian Stoffaës, President of the Initiative for Public Utility Services in Europe, organisation that has set itself as aim to promote a common European view of public services: that is both a vector for modernisation and integration and a distinct part of the economic and social model of Europe in the 21st Century." So many profound questions in economic, social and political terms. And potentially conflicting issues at the EU level, as it is true that the liberalisation of public services: - the preparation of broad economic policy guidelines presently prove this - awakens very different sensitivities in differing countries.
So many questions that also deserve, as a result, for scientifically founded answers to be brought to them. This is the case of this book that is the end of a study lead by the Trans European Policy Studies Association and, in particular, by the Belgian section, the European Political Studies Group, in order to ascertain the content of a European concept of general interest services. To this end, the very high-level experts gathered by the TESPA start with a systematic comparison of the national regulations in eight member countries (Germany, Austria, Belgium, Spain, France, Italy, United Kingdom and Sweden). On this basis, elements of convergence relating to institutional, legal and economic aspects are identified. Thus, Giandomenico Majone, analyses the causes of the split which is forming between the political developments and the development of new institutions to implement them, while Laurence Idot (Sorbonne) studies the relations between competition rules and sectorial regulations, Alain Buzelay envisaging as for him, the economic consequences expected from the deregulation of public services in Europe. The last part of the book is dedicated to the problems presented by the coordination of national regulators and the opportunity for a European regulation. This is an obviously interesting work…
Michel Theys
*** PIET EECKHOUT, TAKIS TRIDIMAS (Edited by): Yearbook of European Law 1998. Oxford University Press (Great Claredon Street, Oxford OX2 6DP, United Kingdom. Tel: (44-1865) 556767 - Internet: http://www.oup.co.uk/law ). 2000, 841 pages, GBP 110. ISBN: 0-19-829879-X
Prestigious publishing house, the Oxford University Press is not short on reference books. Its eighteenth Yearbook of European Law is another one. Nothing surprising since the contributions that form it come from eminent legal personalities. With perfect scientific rigour, they cover and analyse all of the development in Community law seen in 1998. Let is cite a few of them.
Prof. Piet Eeckhout (King's College London) examines the Court of Justice and its influence on the legislative powers, European and national, the judges from Luxembourg are not content with "saying the law", but actively taking part in the creation of a European policy. Sionaidh Douglas-Scott in the search for a "citizenship of the Union" concept that is generally meaningless. Legal Secretary at the Court of Justice, Anne-Marie Van den Bossche, writes a remarkable study dedicated to the law and competition policy compared to the liberalisation of trade and the globalisation of markets. Another contribution explores the ambiguity of the notion of "worker" that prevails in Community law, notion which constitutes a barrier to the free movement of women by making them dependent on their partners. Prof. Elisa Baroncini (University of Bologne) analyses the action of the Union during the diplomatic phase of the dispute settlement mechanism in the framework of the WTO. Vanessa Edwards studies the jurisprudence of the Court of Justice relating to the freedom of establishment of companies and, in particular, subsidiaries. The way in which the Court contributes toward the equality between men and women, the admission of third country nationals in member countries, the establishment of the Area of Freedom, Security and Justice, as well as the resolution of conflict of a constitutional nature between the Union and its Member States through the principals of international public law are other issue tackled. Added to this is also a retrospective of the Community legal year in all its aspects (institutional law, development of competition, employment, and CFSP law…) and an impressive listing of legal works.
(GC)
*** PETRA SENKOVIC: L'évolution de la responsabilité de l'Etat législateur sous l'influence du droit communautaire. Etablissements Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845). 2000,490 pages, BEF 3,300. ISBN 2-8027-1358-2.
This book extends the thesis of the doctorate that the author, a Slovenian lawyer, presented in June 1998 at the University of Paris I Panthéon-Sorbonne. As Prof. Jean-Claude Masclet noted in his preface, the subject matter tackled is "difficult, both from the point of view of theory as technical". The merit of Petra Senkovic is to have tried an approach of comparative law: she analyses the consequences of the principal of responsibility imposed by the jurisprudence of the Court of Justice not for a specific national law, but for both German law, English law and French law. This enables her to enlighten certain common points, in particular the same resistance from the three States towards a recognition of the responsibility of the legislator. This responsibility is only accepted in exceptional matters… while the jurisprudence of the Court of Justice requires the obligation to repair when damage results from a violation of Community law by the legislator. The author studies the way in which the three systems conform (better in France than in the other two Member States), which enables her to demonstrate their "indivisible singularity" and pushes to call for a harmonisation of responsibility law. After having emphasises the contradiction between the requirements of Community law and the principal of procedural autonomy which takes, in this case, a "formal if not a facet" nature, Petra Senkovic shows, according to Prof Masclet, "how the responsibility for the violation of Community law can be the starting pint for a new development in national law for the responsibility of public powers". A remarkable book to be cherished, of course, by specialists.
(LD)
*** ANNE TERCINET: Droit européen de la concurrence. Opportunités et menaces. Ed. Montchrestien-Gualino (31 rue Falguière, F-75741 Paris - Tel: (33-1) 56541600 - Fax: 56541649 - Distribution Benelux: Patrimoine, 168 rue du Noyer, B-1030 Brussels. Tel/Fax: (32-2) 7366847 - Email: patrimoine@netsgo.be). "Les cours de haut enseignement de gestion. Business" collection. 2000, 397 pages, FF 228; EUR 34.76. ISBN 2-84200-268-9.
In this manual of Community law, Anne Tercinet - Professor at the management School of Lyons and at the Carnegie Mellon University - described in an extremely detailed way the sources and rules of functioning of European competition law formed as an instrument to protect companies in international economic competition. After a legal and historical introduction, she examines in succession the agreements and abuse of dominant position law, the European legal system for distribution networks, the impact of European law on intellectual property rights and the monitoring of merger operations. Mainly targeted at company executives, this book aims to be practical. To this end it provides numerous commented examples and contains summary tables and analyses, figured illustrations, an abundant table of jurisprudence used, a useful list of addresses and a selective bibliography. A welcome tool in a particularly challenging subject matter.
(ED)
*** JEAN -MARC FAVRET: Droit communautaire du marché intérieur. Gualino éditeur (31 rue Falguière, F-75741 Paris Cedex 15. Tel: (33-1) 56541600 - Fax: 56541649 - E-mail: gualino@wanadoo.fr). "Fac Universités" collection. 2001, 192 pages, FF 108, EUR 16.46. ISBN 2-84200-378-0.
Lecturer at in public law at the Institute for Political Studies at the University of Montesquieu Bordeaux IV, Jean-Marc Favret offers, with this work, an introduction to Community law applicable to the internal market, which is both accessible and trustworthy. The first part is dedicated to the principal of free movement (goods, people, services and capital), the second to that of free competition (rules applicable to companies and State actions, control of State aid, opening of public markets). A table jurisprudence and an alphabetical index of subjects helpfully complement this excellent memento that will be of great use to many students.
(MT)
*** JEAN-MICHEL COMMUNIER: Le droit communautaire des aides d'Etat. Librairie Générale de Droit et de Jurisprudence (31 rue Falguière, F-75741 Paris cedex 15. Tel: (33-1) 56541600 - Fax: 56541649 - E-mail: e.j.a@wanadoo.fr). "Systèmes" collection. 2000, 172 pages, FF 100, EUR 15.24. ISBN 2-8027-1358-2.
National (or regional) State aids are not new. State interventionism truly exploded at the end of the Second World War, time when it started to increasingly cover fields of action by notably concentrating on industrial competitiveness in most of the industrialised countries. In Europe, however, the establishment of the Common Market has, through time, required a monitoring of national aids in order to avoid distortions to competition: on the basis of the Treaty of Rome, the European Commission and the Community judges have developed a true Community law for State aid that the member countries and companies can no longer ignore. It is this law that Jean-Michel Communier presents through a concise and dense book, but of a great clarity even for the uninitiated. Jean Monnet lecturer in law at University of Paris South where he head the university diploma in European Business Law, the author details, in the first part, the doctrine that was set out by the Commission in this field (principal of incompatibility of State aid, checks for this incompatibility). In the second part, he looks at the control procedures and the law of contention. A complete work. (MT)
*** ENRICO ADRIANO RAFFAELLI (Edited by): Antitrust between EC Law and National Law / Antitrust fra diritto nazionale e diritto comunitario. Etablissements Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845) and Giuffre Editore (Milan). 2000, 538 pages, BEF 3,800. ISBN 2-8027-13-8 and 88-14-08414-9.
This work contains the acts, updated, of the 4th Conference on the theme of "Antitrust between Community law and national law) that was organised by the Union of European Lawyers in cooperation with the Associazione Italiana per la tutela della concorrenza, event that took place in Treviso in May 1999. Published in the languages of the speakers (English, Italian and French), the contributions form an in-depth analyses of the various aspects of this problem, examined in the light of the more recent decisions taken both at national as at the Community level. Authoritative opinions thus cover, for example, the enforcement of Community competition law by national authorities, the new prospects that appear in terms of the definition of abuse of dominant positions, State aid, the reforms that are necessary in terms of antitrust at the European level… Special attention is also granted to the phenomenon of liberalisation that is developing in sectors such as the media, telecommunications, transport, electricity and gas, as well as in major distribution. The vertical agreement and judicial control of decision by national authorities are also broached. (GC)
*** CLAUDE J. BERR, HENRI TREMEAU: Le droit douanier. Economica (49 rue Héricart, F-75015 Paris. "Droit des Affaires et de l'Entreprise" collection. 2001, 615 pages, FF 325, EUR 49.55. ISBN 2-7178-4159-8.
As with the previous, the fifth edition of this work methodically presents the Communiity and national rules that govern the treatment by customs of trade in goods (common external tariff, declinational formalities, economic regimes) as well as those that apply to the treatment of litigation stemming from the administration and users. Prof. Berr (University Pierre Mendès France in Grenoble) and Henri Trémeau, who made his career in the French customs administration, also invite reflection over the future of the customs mechanisms in the face of the forecasted development of international trade. They note that the repression of customs infringements is not ready to end, protection of EU financial interest requires it.
(MT)
*** Notabene. Information note from European Social Monitoring Centre (13 rue Paul Emile Janson, B-1050 Brussels. Tel: (32-2) 5371971 - Fax: 025392808 - E-mail: ose.eur@skynet.be - Internet: http: //http://www.ose.be ). February 2001, N° 119, 20 pages. Annual subscription: BEF 800.
In this issue, Cécile Barbier analyses the allocation of powers in the Union after the Nice Summit which bears witness to a "rise in power of consideration linked to the defence of national interests to the detriment of the Community interest." Other articles are dedicated to the Central Bank and the definition of structural indicators.
*** Futuribles. Analyse et prospective. Futuribles Sarl (55 rue de Varenne, F-75341 Paris cedex 07. Tel: (33-1) 53633770 - Fax: 42226554 - E-mail: revue@futuribiles.com - Internet: http://www.futuribiles.com ). January 2001, N° 260, 148 pages. FF 83, EUR 12.65. Annual subscription: FF 740, EUR 112.81.
"Will the 21st century be religious or not"… This famous phrase by Malraux illustrates this issue dedicated to the universe of beliefs in countries of a Christian tradition. Gérard Donnadieu wonders whether modernity should be translated by reason and individualism, this to the detriment of religious beliefs. According to him, we have entered into "the ultramodernity" marked by doubt with regards to religion and the emergence of beliefs of all kinds. From this competitive market, Gérard Donnadieu outlines three scenarios. The first is that of the obsoleteness of products that incarnate the great religions, which leads to a identity crisis or a search for adaptation. Second path: an enlightened re-conversion, reproductive in the short-term, but dangerous in the long-term. The last scenario is that of the segmentation and diversification, consisting of developing a diversified supply strategy that answers each segment of the clientele. Yves Lambert, questions the future of religions in the West. For this sociologist, their salvation will depend upon their adaptation to the modern world. Pierre Bréchon shows that despite the specificities of national religions, certain common trends can be found. Let us note three. The fall in the confidence given to churches seems more important than that granted to other institutions. The intensity of convictions is often seen as a factor of intolerance. The faith given to a single religion falls while to idea that each contains a part of truth has progressed. Other articles complete this dossier.
*** Politica exterior. Comercial Atheneum (6 Padilla, 28006 Madrid. Tel: (91) 4312628 - Fax: 5777252 - E-mail: http://www.revista @politicaexterior.com). January 2001, 172 pages. ESP 1,500 (Spain), EUR 9 (abroad).
This special edition is main dedicated to new technologies. Octavio Albelda proposes his own vision of information society in Spain. Noting that the new economy cannot resolve the problem of inflation, Francisco Mojhon proposes to examine the structural and institutional reforms to be undertaken. The economist Francesco Fajula looks at the ways in which to keep in touch with the client through electronic commerce. Other themes broached: the transformation of Europe through the new economy, the impetus of public administrations, the means of communication and the industrial revolution, distance learning and virtual education…
*** Economic and social review in short
*** Labor magazine. Brussels. In summary: analysis by the World Health Organisation on the health care systems in many countries, trade union terrorism in the Maurice Island, the highest interest rates in the world in Bolivia, brain drain at the World Bank, sources of corruption and victory or defeat for the ILO. *** Liaisons sociales Europe. Paris. By 2006, the French regions could gain EUR 5.9 billion from the European Structural Funds (under the redevelopment aids). Other issues broached: an employee can be held to execute a job in a country of the European Economic Area. This situation was specified by jurisprudence in 2000 and the review gives an account. *** Infeuro. Brussels. This issue poses a few crucial questions: "What will happen to a company that is not prepared for the 1 January 2002 deadline?", "How to produce 50 billion coins and 14.5 billion notes?", "Commission free exchange is it possible?", "How will the exchange of notes and coins take place: the country by country view" and presentation of Greek coins. *** Courrier économique et financier. This monthly bulletin from the Belgian bank KBC presents the EMU "two years after", 2000 having been a difficult year for the single currency. It also looks at the interventions by the European Central Bank in the autumn of 2000, wondering whether they where simply a futile gesture. ***Europa Info. Perugia. This review presents the artisan company as a sector in which to invest,. Territorial marketing as an attraction for exogenous investments, local development and Umbria in Brussels.