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Europe Daily Bulletin No. 7932
Contents Publication in full By article 45 / 46
WEEKLY SUPPLEMENTS / European library

N° 452

*** PAUL MAGNETTE (Edited by): La constitution de l'Europe. Editions de l'Université de Bruxelles (26 av. Paul Héger, B-1000 Brussels. E-mail: EDITIONS@admin.ulb.ac.be - Internet: http: //http://www.ulb.ac..be/ulb/editions ). "Etudes européennes" series. 2000, 201 pages, BEF 850, FF 157. ISBN 2-8004-1245-3.

Following a colloquium organised in November 1999 by the European Studies Institute of the Free University of Brussels, this work will delight those who, Treaty of Nice and enlargements to come helping, see the irresistible return with force, to the fore of the European stage, of the theme of the constitution to give or not to the Union. Wanted or not, the reflection on the finalities of the building process that had just begun and which the Laeken European Council should be the true launch pad. From where the value of this book which, gathering together a prestigious international team of policy makers, lawyers and philosophers, casts light on a few of the fundamental questions forever linked to the possible constitutional move.

The work opens with questions from Paul Magnette (lecturer at the ULB), who notes from the outset that the constitution is not a general affair for the federalists in the institutional committee of the European Parliament, but that it is seized by the ordinary political class, while the generalist press echo this. For as much, the aim remains ambiguous and the paths susceptible of leading to it are of a tortuous complexity, as bears witness the first part of the work dedicated to the foundations of a European constitution. The first contribution is from Philippe Lauvaux (responsible for research at the CNRS, professor at the ULB and Paris I) who demonstrates that it is in post war Germany that was forged the new European model, possibly called on to become the constitution of Europe. In a very pragmatic manner, Prof. Christian Franck (Catholic University of Louvain) establishes, for his part, the limits of analogy between treaty and constitution. He notes, among others, that the European Parliament elected in 1999 with a rate of abstention of 51% does not seem qualified to impose itself as a part of the constituting power and reverses the idea that states that fundamental political debates on European integration take place mainly in the national State arenas. Another tone with Prof. Jean-Victor Louis (Florence European University Institute and ULB) who examines in detail the projects of Spinelli and Herman, which brings him to put forward that these texts had as sole fault to be right too early. Jean-Marc Ferry (ULB) studies, for his part, the problem of sovereignty with regards to a European political union, his colleague Mario Telo looks, him, at the European constitutions of the 20th and 21st Century (a new constitutional culture requires, according to him, prudence of leaders and a very large capacity to adapt by all the institutional actors, if not worsening the crisis over legitimacy of the European building process). Finally, Prof. Christian Lequesne (Institute of Political Studies Paris and College of Europe Bruges) broaches the issue of the constitution in the perspective of enlargement.

The second part of the work is dedicated to the content that such a Fundamental Charter could contain. Academic figures such as Emmanuelle Bribosia, Renaud Dehousse, Marc Fallon, Francois de la Serre, Paul Magnette and Jean-Louis Quermonne provide ideas of a the same quality, contributing towards making this book a necessity. Michel Theys

*** OLIVIER COSTA: Le Parlement européen, assemblée délibérante. Editions de l'Université de Bruxelles (see details above). "Etudes européennes" series. 2001, 508 pages, BEF 1,500. ISBN 2-8004-1250-X..

The originality of this work, whose author is responsible for research at the CNRS and teaches at the College of Europe in Bruges and at the Institutes for European Studies in Bordeaux and Strasbourg, is to concentrate on the deliberation within this baroque assembly which is the European Parliament. To analyses its functioning, Olivies Costa threw himself into a patient work that he calls the deconstruction, by drawing history of the Assembly and by recalling in particular, in this context, the institutional provisions of the Treaty of Rome, where, he feels, the powers given to the European Parliament only constitute a symbolic concession to the democratic ideal. Mr Costa - who presently dedicates most of his research to the problem of democracy and legitimacy in the European Union - manages, through his analysis of the deliberation of the European Parliament, conclusions more positive that the hasty judgements made by many observers otherwise superficial… Thus he talks of both the functional efficiency and the political deficit of the deliberation of the European Parliament. He feels, on the one hand, that the MEPs have shown themselves to be capable of finding, despite many constraints, majority positions (…), while respecting a true pluralism, and exceeding the national cleavage, while, other than on rare occasions, they have not managed to make their Parliament the engine of a generalised transnational debate and that they confront, in the assertion of their political role, not hostility, but the lack of interest and the indifference of European citizens. In this context fertile ambivalence, the powers and missions of the European Parliament suffer, according to him, from indeterminations, but the MEPs have managed to make this failing a key resource in the interinstitutional game. The author also notes that the absence, in the European Parliament, of a majority comparable to those of national parliaments and is often presented as a weakness, but it does not limit either is capability to deliberate nor the scope of its decisions, and honours the minorities that a bipolar logic crushes, - the remark is interesting since the work of the political groups, following the move by the Socialists by the members of the European Peoples' Party, is more polarised than in the past. Despite the absence of a strong Community feeling, the deliberation of the European Parliament allow decisions of a fluctuating majority of parliamentarians being considered as those of the whole European representation, feels the author for whom the stake is to know if, despite the embryonic nature of the European public arena and the uncertainties that surround the existence of a constitutional patriotism at this level, the deliberation of the European Parliament will support the shock of a wider press coverage, succeeding in raising a free public debate in Europe and managing to articulate in this debate.. (MG)

*** Cahiers de droit européen. Etablissements Emile Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202). 2000, N° 1-2, 299 pages, BEF 2,050, EUR 50.82. Subscription: BEF 5,700, EUR 141.30.

This issue of the Cahiers de droit européen presents, as usual, an obvious interest for lawyers, but once more, it is not for them exclusively; the issues that are broached and tackled with meticulous scientific rigour are of a nature to attract an much wider audience. Thus in this edition, what do we find? Well, for example (and this really only an example, arbitrary as a matter of fact) a remarkable dossier dedicated by Herve Bribosia (European University Institute and research assistant at the Catholic University of Louvain) to the differentiation and the van guards within the Union, the researcher establishing an assessment and painting the prospects of the Amsterdam Treaty. You will tell me that since Amsterdam, there has been Nice. That is true. Though firstly, this new Treaty is just signed and, starting, far before having been ratified by the national parliaments; Amsterdam thus remains as topical as it is enforced. Moreover, between treaties, a clean slate never happens and judging the advances or steps back are always an exercise that is less perilous when the previous realities are found with precision. Which is the case with this contribution.

This argumentation with worth all the more for the study that Symeon Karagiannis (Lecturer at the University of Lille II and member of the study and research group on State administration) dedicates, he to in the "doctoring" part, it to the President of the Commission in the Amsterdam Treaty. The author starts from the realisation that the Amsterdam Treaty (and Nice, under this angle, simply reinforces this!) recognises to the Commission President a few powers characteristic of a Prime Minister, which leads to wonder if the College does not risk, under these conditions, transforming itself into a form of Community government, especially once that it has found what it is missing so cruelly until now, namely political homogeneity. By studying the selection procedure of the Commission President, the determining role that now belongs to him in the selection of the future Commissioners and increased authority - as well as his limits - that he can exercise, the author brings answers filled with nuance. Also fascinating. (MT)

*** JEAN-LUC SAURON: Cours d'Institutions européennes. Le puzzle européen. Gualino éditeur (Paris. Distribution Benelux: Patrimoine, 168 rue du Noyer, B-1030 Brussels. Tel/Fax: (32-2) 7366847. 2000, 400 pages, FF 188, EUR 28.66. ISBN 2-84200-228-8.

Petitions judge at the French State Council and associate Professor at the Robert Schuman University in Strasbourg, the author explains with precision, in this work, the complex overlap of the European organisation and institutions (he considers those of the Union as the back bone of European unification), as well as the decision-making procedures that prevail. He dedicates the first part to the political building of Europe before presenting in a detail manner - but still very clear and very understandable - the Community institutions, first, the non community organisations (from the WEU to the OSCE passing by NATO and the Council of Europe), afterwards. For Jean Luc Sauron, each piece of the puzzle is in its place and takes part in the wider unity and coherence. A point of view, notes Prof. Vlad Constantinesco in his preface, which cannot be fully shared. Which does not in any way alter the value of the book! (MT)

*** Commentaire J. Mégret. Le droit de la CE et de l'Union européenne Editions de l'Université de Brussels (see details above). "Etudes européennes" series. 2000, 639 pages, BEF 2,740, FF 506. ISBN 2-8004-1236-4.

It is still necessary to present the Commentaires Jacques Mégret? In this ninth volume which is in its second edition (completely updated and rewritten), prestigious authors and highly authoritative in tackling the subject that has been entrusted to them present the European Parliament (Prof. Bieber, holder of the Jean Monnet Chair in European Law at the University of Lausanne, and Marcel Haag, civil servant at the Commission), the Council (Jean-Paul Jacqué, Director of the Legal service at the Secretariat General, who also signs the introduction), the Commission (the honorary Director General Antonio Marchini Càmia as well as Francesca Marchini Càmia, former member of the cabinet of Mrs Bjerregaard), the Court of Auditors (Marc Ekelmans, Head of Unit in the Commission), the Economic and Social Committee (Prof. Jean-Victor Louis, ULB and Florence European University Institute), the Committee of the Regions (Pierre-Alexis Feral, former legal advisor to the President of this body), the European Investment Bank (Giannangelo Marchegiani, who works there) and, finally, the European Investment Fund (Luigi La Marca, main legal advisor to the EIB).

(MT)

*** PAUL COLLOWALD: La "Maison Europe".... depuis la "Déclaration Schuman" du 9 mai 1950. 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). "Documents-IEE" series, N° 17. 2000, 10 pages.

In a speech made at the end of last year in Thionville, during one of the commemoration ceremonies of the Schuman declaration, Paul Collowald, which was in particular the Director General for Information at the European Parliament and Chef de Cabinet for Peirre Pflimlin, then President of the European Parliament, chose to raise an aspect of the Robert Schuman experience, sometimes left in the shadows, when recalling the Schuman, whose works are mainly identifies in the European building process, had wanted to complete, other than the European building site, another great post war construction, that of decolonisation. For a Minister for Foreign Affairs (…) leading a front of liberal reforms in North Africa, building a united Europe, defending himself before the United Nations where France was attacked, was nearly a "mission impossible" in the context of the 4th Republic, notes Collowald who also recalls the close relations that the "men of the border" had, Robert Schuman, the man from Larrain and Pierre Pflimlin, from Alsace... (MG)

*** News In Europa. Rivista del Centro In Europa. Erga Edizioni (52r via Biga,I-16144 Genova. Tel: (39-10) 8328441 - Fax: 8328799 - E-mail: edizioni@erga.it - Internet: http://www.erga.it ). January 2001, 30 pages. Subscription: ITL 40,000 , EUR 20.60 (Italy), ITL 80,000, EUR 25.82 (abroad).

This supplement to the review Centro In Europa includes an editorial by the former European parliamentarian Roberto Speciale, who underlines in particular the growing importance of the role of European political parties, "now also recognised at the institutional level". Furthermore, Fabiola Mascardi, from the Cabinet of the Transport Commissioner Loyola De Palacio, raises the prospects of a "European single sky and the creation of a European satellite system Galileo which will become the only true competitors to the American GPS system". Other articles are dedicated to research and energy, while Stefano Manservisi, deputy Chef de Cabinet of President Prodi, looks at the future of Europe. (MG)

*** 3ème Conférence des Nations Unies sur les pays les moins avancés. Cnuced (Bureau E.9016, Palais des Nations, CH-1211 Geneva 10, Switzerland. E-mail: Idc@unctad.org - Internet: http: //http://www.un.org/ events/Idc3/conference). 31 pages.

This brochure presents this conference which, from next 14 to 20 March, will be hosted by the Union in the Brussels offices of the European Parliament. A few themes on the programme: the financing of growth and development, peace and social stability, food safety, education for all and the development of LDC, monopolies and musicians, the development of infrastructure, energy, the role of investment and company development, transport, a women entrepreneur forum and NGOs.

*** Europa-Europe. Fondazione Istituto Gramsci (95c via Portuense, I-00153 Rome. Tel: (39-65) 8334151 - Fax: 8349186 - E-mail: redazione@europaeurope.it - Internet: http://www.europaeurope.it ). 2001, bimonthly, N° 6, 172 pages. Annual subscription: ITL 120,000 (Italy) or ITL 180,000 (abroad).

Paolo Borioni examines,inI the light of the referendum on the Amsterdam Treaty that took place in Denmark on 28 September 1998, the extent to which the Scandinavian attachment to their advantageous social system, the Welfare State, feeds euroscepticism. Among the very numerous other contributions, let us reveal those of Francesco Bandarin who analyses the position of Europe in the face of the migratory phenomenon. For him, migration constitutes a potentially positive phenomenon from a double point of view: a new labour force for the host countries and the possibility of economic development for the emerging countries.

*** Global competition and planetary stakes. European Commission (Office for the Official publications of the EC, L-2985 Luxembourg). 2000.

In summary: a competitive and sustainable future for Europe, a strategic approach to crucial problems, products, processes and innovative organisations, sustainable mobility and intermodality, land sea transport technology, new prospects for aeronautics, new materials and their production processes, the reinforcing of the fabric of European research.

*** NEeuropa. Euroeditor (P.O. Box 212 - L-2012 Luxembourg. Tel: (352) 318759 - Fax: 310290). 2000, N° 1000, 144 pages. Subscription: EUR 40.

For its 28th anniversary, this multilingual review dedicated to the arts, literature and sciences, publishes a special edition dedicated to all those who, from near or far, have taken part in this adventure launched in 1972 by a handful of intellectuals that where convinced that the unity of Europe will be achieved when the citizens of the old world have become aware of their own common cultural identity. Homage is thus paid to figures such as, among others, Leopold Sedar Senghor, André Chouraqui, Jorge Luis Borges, Czeslaw Milosz… All the members of the editorial teams are also presented.

*** La lettre d'information. Ministère de la Culture et de la Communication (3 rue de Valois, F-75042 Paris cedex 01 - Fax: (33-1) 40158172 - Internet: http://www.culture.gouv.fr ).

This letter presents the budget that will be dedicated by France to culture and communication in 2001, as well as the three main aims that are targeted: promote cultural diversity and support creation, favour an equal access to cultural and relaunch the cultural decentralisation movement.

Economic reviews in short

*** Finnfacts. Helsinki, 2/2000. In summary: the record increase in investments in R&D by industry (they have risen from EUR 3.3 billion in 1999 to EUR 4.2 billion in 2000), the water technology that is an important export article, the food post box that avoids any waiting and the records seen by the logging industry. *** Liaisons sociales. Paris, 2000. In summary: The European Court of Justice which is looking at the meaning to give to "restraint time" in the light of the 1993 Directive on certain aspects of the organising of working time, an embryo of social control with regards to mergers… *** Conjoncture. BNP Paribas, Paris, 2001. This publication draws an assessment of the economy in 2000 and outlines the prospects for 2001. It notably reveals that the Euro zone is in a phase of a slowdown: the GDP figures for the third quarter have confirmed this with growth of 0.7 % after more than 0.9% on average since mid-1999, households having lead the movement with a rise limited to 0.4% in the third after 0.9% in the first half of last year. The brochure also envisages the dangers courted by the American economy on a clear phase of slowdown and wonders if oil prices will rise or fall.

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