*** PAUL MAGNETTE, ERIC REMACLE (Edited by): Le nouveau modèle européen. Volume 1: Institutions et gouvernance - Volume 2: Les politiques internes et externes. Editions de l'Université de Bruxelles (26 av. Paul Héger, B-1000 Brussels. Tel: (32-2) 6503792 - Fax: 6503794 - E-mail: EDITIONS@admin.ulb.ac.be - Internet: http: //http://www.ulb.ac..be/ulb/editions ). "Etudes européennes" series. 2000, 174 and 242 pages, BEF 895 or FF 165 for volume 1, BEF 1,250 or FF 231 for volume 2. ISBN 2-8004-1237-2 and 2-8004-1238-0.
The "Monnet method" has it survived? Are we witnessing without realising since the Single Act of 1987, globalisation and the collapse of the geostrategic order that stems from the "Cold War" helping, a reconstruction of the European mission of an importance comparable to the founding moment that under pinned the 1948-1969 period? This is the main hypothesis, which is implied by this wide ranging study carried out by lawyers, policy makers and economists all close to the Free University of Brussels. To test this hypothesis and refine the "new model" being deployed, the authors undertake, in two volumes, a double action: a retrospective, in order to cast light in the origins of the transformation discerned; forward looking in the second, to measure how this model can evolve in the face of major stakes that will change the life of the Union in the years to come.
The "sources of the transformation", the co-ordinators of the work isolate, in their joint introductory reflection, a two fold development. First, the transition of the welfare State to globalisation. For Paul Magnette (lecturer at the ULB and responsible for research with the national scientific research fund) and Eric Remacle (responsible for courses at the ULB and Honorary Professor at the University of Kent), economic and financial globalisation has modified the functioning of the Union for its Member States and its peoples, it has become both the vector of liberalisation, but also the actor of public policies formed from a regulation rather than redistribution, which they where at the outset. Another consequence: to an integration especially aiming for the removal of barriers and standards, that is to say a negative integration, has replaced itself, since the Maastricht and Amsterdam Treaties, a project with extremely powerful political connotations that can be qualified as positive integration. All of this leading to a growing politicisation of the EU and to an parallel increase in calls from citizens themselves, which could constitute the sketch of a form of public area and a questioning of the famous European democratic deficit. Another passage logically taken on by Paul Magnette and Eric Remacle: from the dual Europe to the unified Europe. For them, the prospect of paneuropean unification obviously marks the end of the small post-Carolinian Europe of the founding fathers, which returns to the question of European identity. Three perspectives coexist with regard to this: for one, this concerns a civilising entity, that is to say a white, Christian and a little pro mittel-European club; for others, this is more of a utilitarian club locked by a catalogue of mainly economic accession criteria; finally others first maintain the need to see the Union as a Canteen Community of democracies edifying within itself a constitutional patriotism. According to the vision adopted, enlargement is seen very differently, the Helsinki Summit had given the feeling that the EU 15 mainly saw it according to geopolitical forms, which could lead the EU to marry, in the image of the United States, sense and power. Though at the same time, enlargement opens the way, on the internal level, to a manifest increase in the heterogeneity of the EU, which risks, among others, shattering the concept of economic and social cohesion, while the institutional edifice could suffer an even bigger separation than ever before between integration and creating a constitution, on the one hand, fragmentation, on the other.
For Paul Magnette and Eric Remacle, this double transformation has affected the foundations of the European building process and modified ten major characteristics of the founding model, these trends helping to perceive the nature of the new European model that is being drawn. The first development: the content changes and they move from the functional community to the political Union, which leads at the same time to a revision of the relations between the EU and the Member States as, the common competences now cover most of the missions of the States without replacing them, we go from a logic of the transfer of competences, from States to the Community and to the Union, to a logic of the sharing of competences. Or, if one prefers, from a centralised federalism to an increasingly co-operative federalism. Another development: since Maastricht, we would have agreed, on the method level, global revisions based on major undertakings and lead-on effects from the reforms and adjustments more gradual and more permanent. Is it necessary to follow Magnette and Remacle so much, when they put forward that if the IGC increasingly covers the details, is the European model nearly complete, the reforms of the least years having established compromises between lame confederation and Federal State? The question is more or less open. Third development: a new mode of convergence its emerging between integration and cooperation, this logic for a long-time considered as exclusively tending to bring together or confuse (for the authors, the debate concerning tax policy are part of this line). Fourth break with the origins: a new governance is establishing itself, marrying horizontal networks (on the initiative of the relationship tied between the European Central Bank and the national banks or between the Court of Justice and the national courts…) and also see a functional subsidiarity that will see the overburdened institutions cast off certain tasks by entrusting them to specialised agencies…). Fifth development: a new legitimacy will develop, a first soul addition possibly coming from the national institutions while the forms of direct European citizenship multiply. Finally, the last development will take the form of a new external identity, the EU 15 handing over interest of principal. Thus is the line along which the authors paint reflections on the institutions and the political actors (volume 1), on the internal politics and then external. A remarkable work.
Michel Theys
*** ALAIN BARRAU: XXIIIe Conférence des Organes spécialisés dans les affaires communautaires (Cosac). Une expression collective des Parlements nationaux sur les questions européennes. Délégation pour l'Union européenne de l'Assemblée nationale (4 rue Aristide Briand, F-75007 Paris - Internet: http://www.assemblee-nationale.fr ). "Les documents d'information de l'Assemblée nationale" series, N° 2668. 2000, 146 pages, FF 30, EUR 4.57. ISBN 2-11-115082-7.
This publication presents an account of the works and texts adopted during the last COSAC that gathered last 17 and 17 October in Versailles, 120 parliamentarians representing the European Parliament, the Member State parliaments and those of the candidate countries. In its foreword, Alain Barrau, President of the Delegation for the European Union of the French National Assembly, welcomed the very significant involvement of the French government during this event and formulates the hopes that this fruitful and legitimate relationship is reinforced during the next Conferences in order for the European debates to be enriched by the expression of new concerns answering the expectations of citizens. Another lesson he draws lies in the ability of the national parliaments to express a coherent point of view over the European issues, a substantial contribution was sent to the Union institutions for the first time since the creation of COSAC in 1989. Our conference has thus born testimony of its ability to be the collective expression of a point of view of the national parliaments on European affairs, asserts Alain Barrau who, after having revealed that the EP was a fully fledged member, concluded with these words: six month after six month, the COSAC must (…) enhance its role which is to contribute towards the fight against the democratic deficit of the European institutions.
(LD)
*** ÁNGEL BOIXAREU CARRERA, JOSEP M. CARPI BADIA: El Tratado de Amsterdam. Génesis y análisis sistemático de su contenido. Patronat Català Pro Europa (Internet: http: //http://www.gencat.es/pcpe ) and Editorial Bosch (51 bis Comte d'Urgell, 08011 Barcelona. Internet: http: //http://www.boschce.es ). 2000, 438 pages, EUR 53. ISBN 84-7676-711-0.
Lawyer and Director General of the Council of Ministers, Angel Boixareu joined forces with Josep M. Carpi, lawyer specialised in the institutional issues of the Union, to cover and comment on the Amsterdam Treaty by comparing it with its predecessor, the Maastricht Treaty. Introduced by the MEP Carles A. Gasoliba I Bohm, this work, written in Spanish, takes into account the new number of articles and is enriched by explanatory diagrams. The official texts are found in a CD-ROM annexed to the book.
(LD)
*** Revue des Affaires européennes - Law & European Affairs. Alain M. Mys Editeur (12 Graslei, B-9000 Gent, Belgium. Tel: (32-9) 2236471 - Fax: 2231364). November 2000, N° 3, 131 pages, EUR 85. Annual subscription: EUR 255. ISBN: 90-5462-404-3.
The November issue of this factually excellent review contains, with wonderful timing, a dossier dedicated to Community jurisdictions, with various articles dedicated to the European Court of Justice and the Court of First Instance. Highly opportune because, as underlines the Advocate General, Francis G. Jacobs, in his editorial, the Community legal system is now under pressure and rapidly needs more radical reforms. Why? Because the judicial backlog has become unacceptable. Thus, answers are only given to the prejudicial issues in a period that approaches two years. However, explains Francis G. Jacobs, as the prejudicial issues posed by the national courts constitute the key mechanism to ensure a uniform application of law throughout the Community, such timeframes compromise the future of the Community legal system. Some of the reforms envisaged have thus been reviewed, such as those aiming to enable the Court of First Instance to tackle certain prejudicial issues or to limit the possibilities to appeal before the Court of Justice following a ruling by the Court of First Instance. Francis G. Jacobs also feels that enlargement should lead to modifications in the working methods and the linguistic system of the Court of Justice: it is already difficult for fifteen judges, in the cases tackled in plenary, to deliberate collectively; it would be impossible for twenty five judges to do the same tomorrow… Among the contributions, let us mention those by Helen Gauidin, Professor of Public Law at the University of La Rochelle, who wonders whether the Court of Justice is constitutional jurisdiction. The other themes broached in the dossier concern the impact of the Amsterdam Treaty on the Court, the admissibility of an appeal against a ruling by the Court of First Instance, "necessary reform" of it, its relationship with the Court of Justice, the prudent incursion of a single judge in the Court of First Instance and, finally, the Court's communication policy.
(MT)
*** Cahiers de droit européen. Etablissements Emile Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202). 2000, N° 3-4, 299 pages, BEF 2,050, EUR 50.82. Subscription: BEF 5,700, EUR 141.30.
This issue of the Cahiers de droit européen contains, among others, an editorial by Prof. Jean-Victor Louis (ULB) who, entitles "From differentiation to the vanguard?" discusses a concept that has found a new youth as well as a new future thanks to the speech made in Berlin, by Joschka Fischer and by the French President Jacques Chirac. Also underlining that the approaches of one or the other are not exactly the same, Prof. Louis recalls that the political and doctrinal thinking on differentiation began with the beginning of the 1970, when the United Kingdom, just entering into the European Community, had paralysed the harmonisation of banking law and slowed that of company law. Since then, the concept has not stopped accompanying the history of European integration, both in a positive manner (Tindermans report, Spinelli plan, Dooge Committee…) while also in a negative manner: Europe a la carte favoured by the British Prime Ministers Thatcher and Major, as well as by the Conservative who wanted to succeed them, William Hague.
(MT)
*** JACQUES PERTEK: Les avocats en Europe. LGDJ Montchrestien (31 rue Falguière, F-75741 Paris cedex 15. Tel: (33-1) 46338985). 2000, 152 pages, FF 100, EUR 15.25. ISBN 2-275-01895-6.
Since 14 March 2000, the Member States of the Union have adapted their legislation to the Directive of 16 February 1998 aiming to facilitate permanent access to the profession of lawyer in another Member State to that where the qualification was gained. For the author, holder of a Jean Monnet Chair and President of the Foundation for European Studies, lawyers benefit from a significant place in the right to professional free movement and the related rights that are applicable to them has established mechanisms reaching a degree of unmatched sophistication for other professions. However, this professional mobility can be blocked or filtered in three different ways: the general conditions for entry and residence set by each of the national regulations, the requirements related to the nationality to practice is singular professional activity and, finally, the national requirement relating to qualifications. Jacques Pertek shows that from the outset, the Community building process set itself as aim to lift the restrictions on mobility resulting from these three kinds of barriers. It is also related rights that has as aim to organise the conditions for the exercising of this individual right, to determine the limits or to facilitate its effective use. Concerning lawyers, it is three Directive that form the "corpus" of related rights, in many way original, according to Jacques Pertek. This study brings him to insist over the importance, for lawyers, of knowledge of Community law as they may then make full use of their freedom of professional movement in the European areas.
(CB)
*** EUROPEAN COMMISSION (Office for the official publication of the European Communities, L-2985, Luxembourg) has published the following documents:
*** What matters is what we know. Taking advantage of ourselves. DG Research. 2000, 15 pages. ISBN 92-828-5547-3.
This brochure presents the "improving the human potential for research and the socio-economic knowledge base" which, in the present framework programme for R&D, has as aim to help individual researchers join teams, to promote the image of science and technology, finally to make science pertinent compared to social problems. To these three main objectives is added that of increasing the participation of women.
*** Who's who in the European Union? What is the contribution of the Nice Treaty? 2001, 23 pages. ISBN 92-894-0491-4.
The signing of the Nice Treaty marked the completion of the intergovernmental conference opened on 14 February 2000, which aimed for the European institutions to be adapted in order to be able to welcome new Member States. So that each is informed of the result of the negotiations, this guide for citizens prefaced by President Prodi and by Commissioner Michele Barnier described in a succinct manner - in all the Union languages - the institutions of the EU and their core duties.
*** Working Life. Research and development news (SE-11279 Stockholm, Sweden. Tel: (468) 6196700 - Fax: 6563025 - E-mail: Lena.Skiold@niwl.se). 2001, N°1.
The quantity of work was the core theme of the Work Life Conference last January for which this brochure provides an account. Among the conclusions: each individual must be treated on an equal footing whatever his sex, age or race, flexibility must be combined with stability, a pleasant working environment is necessary in order to reduce stress. Other issues tackled: a knowledge based economy, the organisation of work that requires respect and dignity…
*** Actualité des Services Publics en Europe. Lettre des Entreprises Européennes de Réseaux. Aspe Europe (36 rue de Laborde, F-75008 Paris. Fax: (33-1) 43876891 - E-mail: aspe@club-intrnet.fr). March 2001, N° 76.
In summary: "telecommunications package: the MEPs adopt three texts, European transport networks: priority to railways, prior administrative authorisation to maritime coastal navigation, the penetration of renewable energy sources increase, but this is insufficient…
*** Rapport 2000. Tome II: activités et comptes annuels. Banque Nationale de Belgique (14 bld de Berlaimont, B-1000 Brussels. Tel: (32-2) 2212260 - Fax: 2213244 - E-mail: secretariat@bnbb.be). 2000, 131 pages.
This publication presents the notable facts and the activities of the Belgian National Bank during 2000 that marked the one hundred and fifth anniversary of this institution. The preparation for transition to the fiduciary Euro was one of the dominant themes.
National reviews in short
*** Partenariat. January/February 2001, Brussels. Following the transformation of the Centre for the Development of Industry into the Centre for the Development of the Enterprise, this pamphlet presents the action strategy that was adopted as well as the partners - institutional, financial and sector based - which are associated to it, a multiplying effect being expected from their involvement. *** Le Courrier. March-April 2001, Brussels. In summary: a report on Angola, a dossier dedicated to African cinema, the future of Mozambique that will pass by women, the impotence of Europe against the Mad Cow crisis, a meeting with Sir Neville Nichols, President of the Caribbean Development Bank… *** 30 Giorni nella Chiesa e nel mondo. December 2000, Rome. In this Catholic review that he leads, Giulio Andreotti speaks of his childhood lulled by catechism. Other themes broached: the latest images of the Jubilee, holocaust denial in Africa, the long march by President Putin, the effects of depleted uranium… *** Slovenia Weekly. March 2001, Ljubljana. In summary: privatisation, Joschka Fischer for whom Slovenia may be an exporter of stability, Slovenia and the Czech Republic that are partners in accession, an interview with the Justice Minister, the new legislation in terms of air traffic… *** Défis Sud. February/March 2001, Brussels. This review by the charity "SOS Faim" contains a dossier on modes and models of development as well as a report on the Colobia Plan which, aiming to dismantle the coca and poppy crops, should have less lofty aims.