*** KIM FEUS (Edited by): A Simplified Treaty for the European Union ? Federal Trust for Education and Research (Dean Bradley House, 52 Horseferry Road, London SW1P 2AF. Tel: (44-20) 77992818 - Fax: 77992820 - Internet: http://www.fedtrust.co.uk ) and Kogan Page (120 Pentonville Road, London N1 9JN). Collection "Constitution for Europe", N° 2. 2001, 185 pages, £16.95. ISBN 1-903403-03-0.
That the Treaties, which enriched in stages the European building process have become illegible, no one questions this. Either way Michel Barnier admits, in his preface to this new work by the Federal Trust, that these texts have become increasingly complex even for those who are involved in the process and, even worse, they contribute towards making obscure the fundamental principals susceptible of justifying the sound basis of the Community actions in the eyes of public opinion. So many excellent reasons - the Irish No to the Treaty of Nice has recently painfully come to remind… - which had pushed the European Commission to call upon the Florence European University Institute to regroup the existing Treaties into a single coherent and clear text. This is the fruit of this work, an essay for a basic treaty for the European Union, which is found in detail and commented upon in this book by ten figures from the political and academic world.
As Dr. Martyn Bond, Director of the Federal Trust, reveals with much pertinence in his introduction, the text from the Florence Institute - though it was ignored in Nice - which will, without a doubt, act as a canvas for the debates that the EU 15 will be called upon to have, after their meeting in Laeken at the end of December, over four unavoidable questions on the present state of the European integration process, namely the legal status of the Charter of Fundamental Rights, the national Parliaments, the defining of a catalogue of competences and the simplification of the Treaties. In this context (and the turn taken these recent months by the debate over the finalities of the European building process backs up this realisation), the reorganisation of the Treaties as favoured by the wise from Florence - wise, they have been, they who reviewed the Treaties in constant law, without seeking to go beyond what is foreseen - now is part of the framework of the much more vast and fundamental debate over the European Constitution. Though from this first step stem many more questions than solutions and shared certainties. Are the intergovernmental and supranational elements of the Treaties balanced in a satisfactory manner? Is such a revision process that operates a distinction between the fundamental clauses and the political clauses, acceptable for the national parliaments which will have to ratify such a change? Is the part of the Treaty imagined in Florence, which includes the fundamental aspects, sufficiently simple to be understood by the citizens? And this simplified Treaty should it be negotiated by the Member States in the framework of a classic intergovernmental conference or should it be prepared, previously, by a more representative Convention? So many questions which, we can see, are at the heart of the present concerns…
So many questions to which the contributions bring elements if not answers, either way food for thought. Firstly, it is the text proposed in Florence - moreover published in full in the second part of the book as well as in the Commission Communication that was dedicated to it - which is presented and commented upon. Prof. Clive Church, from the University of Kent in Canterbury, and David Phinnemore, teacher at Queen's University Belfast, follow the road that started in Amsterdam (they note in passing that the new numbering of the Articles, which saw the light of day in the Treaty of the same name only provided partial gains in terms of transparency for lack of a total reorganisation of the Treaties), with enthusiasm from the heads of the European Commission and the European Parliament, not without reticence from the Member States, the United Kingdom in particular. The pen then passes on, Prof. Yves Mény et Claus-Dieter Ehlermann who, after having presented their "baby" without complacency, support that the Florence draft could act as a basis to a form of constitutional treaty for as much as it is enriched by the Charter of Fundamental rights and by a good catalogue of the powers and competences. Completely different analysis from Frank Vibert, Director of the European Policy Forum, for whom the Florentine exercise has only shown one thing: the inability of the existing treaties to act as a basis to a constitutional text, the EU 15 having as a result to start again if they want to move towards a constitution. A process of creating a constitution, which is at the heart of the articles signed by John Pinder, the MEPs Richard Corbett, Giorgio Napolitano, Alain Lamassoure and Jo Leinen, Christopher Beazley and Stanislaw finally providing British and Polish points of view.
Michel Theys
*** CLAUS-DIETER EHLERMANN, YVES MENY (Edited by): Reforming the Treaties' Amendment Procedures. Second Report on the reorganisation of the European Union Treaties. Robert Schuman Centre for Advanced Studies of the European University Institute (9 via dei Roccettini, I-50016 San Domenico di Fiesole, Firenze. Fax: (39-055) 4685770). 2000, 28 pages.
The Florence European University Institute completed its report on the reorganisation of the Treaties (see previous story) with a document relating to the amendment procedures for the Treaties in view of an enlarged Union with thirty Member States or more. This work includes the text, which has been drafted with the help of the former Belgian Permanent Representative Philippe de Schoutheete, special advisor Michel Barnier during the last IGC. Firstly, the thinkers from Florence presenting the procedures in terms of effectiveness and legitimacy, the authors identify certain guidelines to respect in the framework of reflections to come before formulating specific reform proposals.
(MT)
*** PHILIPPE MOREAU DEFARGES: Les institutions européennes. Armand Colin/Dalloz (31-35 rue Froidevaux, F-75685 Paris cedex 14. Internet: http: //http://www.dalloz.fr ). 2001, 224 pages ISBN 2-247-04296-1.
During the issuing of the four edition of this work, you should read in the European Library that they constitute an ideal introduction, clear and objective, sober and intelligent, to the world of Community institutions. This commentary remains fully valid for this fifth edition, updated in the light of the recently occurring developments, in the crisis endured by the Commission Presided over by Jacques Santer to the Treaty of Nice passing by the Mad Cow or the "problems of the Euro" compared to the Dollar. Among others, advisor to the French Minister for Foreign Affairs and professor at the Institute for political studies in Paris, Philippe Moreau Defarges situates with limpidity the historic and political conditions of each institutional stage crossed by the Community convoy and describes the mechanics, difficulties and stakes. Welcoming an outstanding educational talent, the Library speaks in its third edition in these words: All that the honest man from this turn of the century should know of the European adventure underway is gathered in 200 pages, which benefit, moreover, from an attractive presentation. An achievement that makes this book a must have. Not a word should be withdrawn, if it is that… the century has changed and there are 224 pages.
(MT)
*** ALVARO DE VASCONCELOS, MARIA-JOAO SEABRA (Edited by): Portugal. A European Story. Principia (Publicaçòes Universitárias e Científicas, 21 av. Marques Leal, 2764-465 S. Joao do Estoril, Portugal. E-mail: principia@principia.pt). 2000, 206 pages. ISBN 972-8500-32-7.
The European Union, asserts the Portuguese Secretary of State for European Affairs Francisco Seixas da Costa when opening this volume with a short introduction, had a considerable impact on the "economic and social fabric of Portugal and on the modernisation of the public administration, but today, this country no longer sees its presence within the Community institutions as only bringing it "resources": its philosophy is far more active and participating, based on an authentic collective interest to deepen the integration with its partners. As for Alvaro de Vasconcelos, Director at the Instituto de estudios estratégicos e internacionais, who is the master of this work, he underlines the desire to consolidate Portuguese democracy as a major factor for accession and recalls that Mario Soares, by signing the accession Treaty in 1985 when he was the Prime Minister, asserted that Portugal was returning to Europe, be a necessary pendent for a small democratic State, which had faithfully freed itself from its colonies and renounced its empire. Mario Soares himself, in a contribution on the "democratic transition of Portugal and the enlargement of the European Union, turns his eye towards the future by feeling that enlargement is crucial and that if it does not take place, we could continue to assist to serious problem of Balkanisation in the area, which geostrategy calls Eurasia, as well as a rise of agressive nationalism which, in history, has always proven to be so contageous and dangerous for Western Europe.
(MG)
*** STEPHAN RAMMELOO: Corporations in Private International Law. A European Perspective. Oxford University Press (Great Clarendon Street, Oxford EX2 6DP - Tel: (44-1865) 556767). Collection "Oxford Monographs in Private International Law". 2001, 349 pages, £75. ISBN 0-19-8299257.
Despite the importance of the subject, the treatment given to companies in the analysis of international private law was marked, according to the editor, by diversity and uncertainty. Not including, adds Pages D. Carter in his preface, that this issue has been greatly neglected in England at the time when it is proving to be necessary to analyse the interactions between international law and Community law. In this context, this book arrives at its time by bringing a series a pointed analyses and a mass of comparative information. Its author, teacher at the University of Maastricht, reaches interesting and provocative conclusions that should interest European political decision-makers. Starting from the realisation that globalisation of the economy does not cease growing, Stephan Rammeloo notes that companies operate more or less beyond borders, from where lies the interest of the freedom of movement and of establishment for legal entities. Is overall aim is to underline this need, which he does through a complete analysis of the situation in Europe which is attached, in the second part, to a presentation of the conflicts between the different forms of law , which have developed in Europe, especially for the recognition of foreign companies. In the last part, he paints the future prospects in the light of the Amsterdam Treaty.
(MT)
*** GEERT BOGAERT, ULRICH LOHMANN (Edited by): Commercial Agency and Distribution Agreements. Law and Practice in the Member States of the European Union. Kluwer Law International (PAGES O. Box 322, 3300 AH Dordrecht, Netherlands). Collection "AIJA Law Library". 2000, 707 pages. ISBN 90-411-9748-6.
This leading work by the International Association of Young Lawyers is in its third edition (the first was published in 1989, the second in 1993) and remains of interest especially for those who are interested in agreements relating to trade agencies, distribution and franchises. Thirty renowned specialists collaborated in the form of thirty reports. Thus they offer a practical and complete work of reference on law and the practices of the European Union in the matter, before the national law of the Member States as well as that of Norway and Switzerland are reviewed in the light of a single reading table, which allows for an effective comparative approach. Vital for those who deal in these matters…
(GC)
*** JOANNA BENJAMIN: Interests in Securities. A Proprietary Law Analysis of the International Securities Markets. Oxford University Press (see details above). 2000, 348 pages, £ 90. ISBN 0-19-826992-7.
Reserved for specialists, the work examines the aspects of property in international financial markets, primary or secondary. It details in depth their technical functioning, the author studying the sometimes unexpected legal repercussions they provide. For example, computerisation has deeply modified the legal nature of the assets held by investors as well as the nature of the regulations, which cover transactions. Most of these assets are now held by the professional intermediaries with a large number of clients. An in-depth study which clarifies various indexes (notably covering the abbreviations used), a glossary of the technical terms, a table of practices, another on legislations and an alphabetical index.
(LD)
*** A . O. AUSTEN-PETERS: Custody of Investments. Law and Practice. Oxford University Press (see details above). 2000, 225 pages, £ 110. ISBN 0-19-829858-7.
This work finds its source in the doctoral thesis on the legal aspects of the holding of assets in the management of investments that the author defended at the Oxford University Faculty of Law. Even if, in England, this legal matter of a great importance in the banking sector and in the management of investments at the international level contributed well to the academic literature or lead to books aimed at practitioners, the author does not refer any less to the works of Joanna Benjamin. Its aim is not to envisage the way in which some practical cases could be cut as myriads of scenarios are possible. He works towards finding the principals on the basis of which the legal problems linked to the holding of assets may be resolved. Tables simplify the understanding as well as research in this highly specialised matter, but of a surprising interest even for the profane. The work also includes a bibliography and a valuable alphabetical index.
(LD)
*** La COMMISSION EUROPEENNE (Office for the official publications of the European Communities, L-2985, Luxembourg) published the following document:
*** Innovation and SMEs. Removing obstacles to innovation and promoting research for small and medium-sized enterprises in Europe. DG Research (200 rue de la Loi, B-1049 Brussels. Tel: (32-2) 2958220 - E-mail: research@cec.eu.int - Internet: http: //europa.eu.int/comm/research). 2001, 15 pages. ISBN 92-828-5576-7.
This publication describes, after an introduction retracing the stakes of research into SMEs, the main concepts and priorities that prevail in this matter, with, at the same time, a history of the connected activities and a few case studies. Everybody is now in agreement to recognise that Europe has delays compared to some of its partners as to its ability to innovate. And that, from then on, European industry - and especially SMEs - need help in the race for competitiveness. This brochure makes a useful reference to the actions developed to do this in favour of SMEs in the framework of the fifth action programme.
*** Actualité des Services Publics en Europe. ASPE Europe (36 rue de Laborde, F-75008 Paris. Fax: (33-1) 43876891 - E-mail: aspe@club-internet.fr). June 2001, 16 pages. Subscription: FF 3,200.
This issue of the Lettre des Entreprises Européennes de Réseaux begins with a debate over the opening of the electricity market in the light of the "Italian gamble of EDF", the editorial being dedicated, for its part, to the liberalisation of the aircraft sector. It continues with a very complete dossier dedicated to spatial Europe at the time of Galileo. Other themes broached: the impact of enlargement on companies, the Court of Justice and the postal service, an American energy plan, the EU-Russia dialogue, the European budget dedicated to audiovisual, postal services and the telecommunications market.
*** Annual Review 2000/2001. International Chamber of Shipping (12 Carthusian Street, London EC1M 6EZ. Tel: (44-20) 74178844 - Fax: 74178877 - E-mail: ics@marisec.org - Internet: http://www.marisec.org ). 2001, 26 pages.
Erika, European ship building threatened by an external competition , which is often unfair… These events force the European actors to act. This brochure from the International Chamber of the Naval sector tackles, among others, the "Erika" factor that had defrayed the disease and its consequences, from pollution, insurance and their legal implications, safe harbours, but also the recycling of water, protection against fires onboard ships, passenger safety onboard, trade agreements, the future of the Panama and Suez canals, piracy, which remains…
*** Elargissement et Coopération au Développement. Trialog (3/3 Türkenstrasse, A-1090 Wien. Tel: (43-1) 3197949 - E-mail: office@clong-trialog.at - Internet: http: //http://www.clong-trialog.at ). 2001, 20 pages.
Having as credo the systematic involvement of civil society in the enlargement process, de facto in the creation of a Europe that is open to the world, engaged in eradicating poverty and to promoting sustainable development at the economic, social and democratic level in the southern hemisphere, this supplement from the Liaison Info bulletin presents a political position document from European development NGOs that is aimed at the institutions and Member States of the Union, the candidate countries and organisations representing civil society. It draws attention to the fact that the negotiation process with the candidate countries and the pre-accession strategy lack perspective at the level of international development to the extent that cooperation for development is the poor relative. It identifies actions to be undertaken to fill these failings.
Reviews in short
*** Notizie Petrolifere. Statistiche. May 2001, Roma. By opening this issue with the problematic of maritime traffic in relation to the environment and with the explanation of the elimination of lead fuels, the publication by the Italian oil union intends to show that the Italian oil sector wants to become the most environmentally friendly that is possible. The issue of the price of fuels is also broached. *** Rapport annuel 2000 de la Fédération pétrolière belge. 2001, Brussels. The assessment of the Belgian oil sector is improving compared to the previous financial year. *** Evropaiki Ekfrassi, 2001, Athens. Tackling European problems in general, this special issue is dedicated to the Treaty of Nice, whose logic is decrypted. The aspects linked to federalism and civil society present in the Treaty are also presented, while other contributions cover Europe after Nice and the march towards political union in this part of the world, which the authors ancestors had taken the time to name.