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Europe Daily Bulletin No. 8065
Contents Publication in full By article 34 / 35
WEEKLY SUPPLEMENT / European library

No. 476

*** Territoires et Liberté. Mélanges en hommage au Doyen Yves Madiot. Etablissement Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845). 2000, 513 pp. Euro 66.93, 2,700 FB. ISBN 2-8027-1399-X.

André Chénier describes the death of Yves Madiot in a traffic accident on a dangerous bend on a road near Poitiers, as that of someone dying, "without having achieved their full potential"…. The death of Yves Madiot, Dean at the University of Poitiers Law School from 1981 to 1986, has created an enormous void, which his friends have sought to fill, symbolically, with this book that aims to bear testimony to his most important intellectual contributions. The title of the book succinctly conveys this objective. His successor, Christian Chêne explains in the preface, "The plural of territory", that in a reference to Braudel, Madiot had written that, "by taking into account the territory itself, one gains a more accurate perspective of the different territories and their geographic, historic and cultural diversity, both in France and currently throughout the European Union". This collection bears witness to this concept many times over. Marie Gilardeau, Senior Lecturer at the University of Poitiers Law School, focuses on the Common Agricultural Policy and how land is used within the context of France. Covering forty years of the CAP à la française, he concludes that agriculture is moving inexorably "along a two-lane highway" and in the future, "the divide between agri-business supporters and those favouring sustainable development, is destined to grow wider" (he qualifies his premise with a rather attractive description: "The former do not cease to be fascinated by the bright lights of the city, but the latter, surrounded by flowers and birds, contemplate the stars"…).

Christian Chêne recalls that Yves Madiot dearly believed that freedom was "unique" and he was "not particularly sympathetic to the burgeoning idea of different freedoms, (…) rich, perhaps in traditions, but too prone to generate inequality and privileges". The many different notions of freedom, the cornerstone of fundamental rights, for example, are described in this book, as well as contributions by other authors recalling that Madiot devoted his most recent research to the notion of duty. This concept was not, as Christian Chêne explains, "a poor or conservative substitute, but rather, the other indispensable side to freedom". It is impossible in this review to fully capture the richness of the ideas conveyed in the pages of this book, only a few favourite examples of which are allowed. Kofi Ahadzi reflects upon the concept of civil rights and how it has developed. After his section on "theories and realities", this Senior Lecturer at the Law School in Benin emphasises that it is extremely dangerous to imply that, "the effectiveness of civil rights depends essentially on the level of development, as this would generally mean a negation of these rights" (he does admit, however, that the level of economic development does have a significant impact on establishing these rights…). Professor Abdelkhaleq Berramdane's (Université Montesquieu - Bordeaux IV) examination of, "public order and fundamental rights within the framework of Community law and the European Union" is no less remarkable. He purports that public order in the European Union, "indissolubly tied to the shared values of freedom, democracy and respect for fundamental rights", exists and already provides "a foundation, dimension and inspiration to this European construction reeling about like a boat in a storm, in search of the home strait that lies between the sandbanks of nationalisation and the whirlpools of globalisation". Professor Claude Blumann's excellent hypothesis on the Charter of Fundamental Rights and the Convention, dedicated to and in testimony of the fact that the Europeans are involved in a "constituent process". The contribution by the Polish Prime Minister, Mazowiecki, "Understanding Each Other: a Challenge for Europe", also has to be mentioned.

Nonetheless, if this book is exceptional, it is down to Professor Bernard Chérigny (Université de Poitiers) and his rereading of the "external proletariat", the key concept of the British philosopher and historian Arnold Joseph Toynbee on the destiny of civilisations. Chérigny notes that, "Whoever loses his transcendence compromises his descendants at the same time - by losing confidence and therefore ascendancy". A most fitting conclusion in the wake of 11 September and which relegates Huntington's "Shock of Civilisations" to the back shelf. Absolutely a must!

Michel Theys

*** FRANK BOLLEN: Managing EU Structural Funds. Effective Capacity for Implementation as a Prerequisite. European Institute of Public Administration (22 O. L. Vrouweplein, P. O. Box 1229, NL-6201 Maastricht. Tel: (31-43) 3296274 - Fax: 3296296 - Internet: http://www.eipa.nl ). "Current European Issues" collection, from the "Capacity Building for Integration" series. 2001, 44 pp, Euro 11.34, 25 NLG. ISBN 90-6779-156-3.

Reforms introduced within the framework of Agenda 2000, such as the decentralisation of the management of European Union Structural Funds, have become a reality and Member States enjoy more responsibility in this domain than in the past. In an effort to enable the competent national authorities to assume this task more effectively, this practical and technical guide analyses the main implications of these reforms. It provides information on the necessary preparations for achieving efficient management of these funds and explains the principle of partnership, which is now the cornerstone of these actions in this field. This high-quality publication also contains useful comparative tables on the institutional and political ramifications for the different Member States.

(PB)

*** Revue française de finances publiques. Les fonds structurels européens en région. LGDJ (31 rue Falguière, F-75741 Paris cedex 15. Tel: (3312) 56541600 - Fax: 56541649 - Internet: http://www.gerfip.org ). 2001, No. 74, 304 pp., Euro 32.01, 210 FF. Annual subscription: Euro 86.89, 570 FF. ISBN 2-275-02042-X.

In addition to the usual columns and sections, this issue focuses exclusively on the issue of Structural Funds - a key instrument - particularly so with enlargement on our doorstep. And important too, as Michel Bouvier explains in his editorial, for all those who believe that, "the refusal to accept a two-speed Europe is the prerequisite for a fully-functioning single market, particularly a European economic and monetary space … and perhaps, a future common political space". The events of the final day of the "Finance-University" day-school in Bordeaux kicked off with Professor Loïc Grard (Université Montesquieu-Bordeaux IV) presenting a range of general data relating to Structural Fund action, following the adoption of Agenda 2000. Professor Grard pointed out that for the first time, this action had not been planned with the help of strengthened financial means, given that "it was necessary to manage the shortfalls". His colleague, Jean-Pierre Duprat (public law) focused on the specificity of financial rules applicable to Fund interventions. This is now characterised by greater responsibility for individual Member States, as regulation is now largely managed on a decentralised and regional basis. Secretary General for Regional Affairs in Aquitaine, Christian Piotre analysed the action being taken in European Regional Programmes in his region which, after the Nord-Pas-de-Calais region, is the greatest beneficiary of these funds in France. Financial Inspector, Marc Simmony, provided a detailed analysis of how the new guidelines would affect financial inspections, and Victor Caldeira presented a counterpoint to this with the system currently in force in Portugal. Philippe Delivet, an administrator at the French Senate, provided a broad synthesis of the points covered, while Jean-François Bernicot described what this would mean in practical terms for the European Court of Auditors.

(MT)

*** CAMILLE DARSIERES: Les régions ultrapériphériques de l'Union européenne: vers une nouvelle approche globale plus cohérente. Délégation pour l'Union européenne de l'Assemblée nationale (Kiosque de l'Assemblée nationale, 4 rue Aristide-Briand, Paris F-75007. Internet: http://www.assemblee-nationale.fr ). "Les documents d'information de l'Assemblée nationale" series, No. 3034. 2001, 90 pp, 20 FF, Euro 3.05. ISBN 2-11-115179-3.

According to a survey carried out by the European Union, the seven remote and outlying areas of Guadeloupe, French Guyana, Martinique, Réunion, the Canary Islands and the autonomous Portuguese regions of the Azores and Madeira, are structurally and permanently disadvantaged. This handicap is directly linked to their distance and insularity. Their specific nature has been recognised by the European Union, which has also developed a system for these regions that takes into account their particular needs. One of the reasons why the author of this information report, the French Member of Parliament, Camille Darsières, is in favour of this support, is that it forms part of the Union's "global dimension", with these far-away areas constituting "the outposts of contact with other significant economic centres". Darsières, however, focuses particular attention on attitudes regarding Article 299 para 2 of the Treaty of Amsterdam, which envisages exemptions to common law, as long as these exemptions do not compromise the, "integrity and coherence of European Union law".

(MT)

*** Glossaire européen de l'éducation. Education Establishments. Eurydice (European Unit, 15 rue d'Arlon, B-1050 Brussels. Tel: (32-2) 2383025 - Fax: 2306562 - E-mail: info@eurydice.org <mailto: info@eurydice.org> - Internet: http: //http://www.eurydice.org ). 2000, 208 pp. ISBN 2-87116-305-7.

In 1999, the education information network in Europe, Eurydice, published the first volume of a European Education Glossary, focusing on exams, qualifications and awards. The second volume concentrates upon teaching institutions at all levels within 29 European countries, including the three Baltic countries, Slovenia and Cyprus. Accompanied by a user's guide, this glossary covers almost 500 different national terms used for describing categories and types of teaching institutions from pre-school to further education for adults. It does not, however, provide a prospectus for all the different educational establishments, nor a list of available study programmes and the length of study required for each programme. In the first section, all the different terms are given in alphabetical order, with each entry mentioning the reference to the country, the most up-to-date grammatical version of the given term, level of study and all complete with explanatory notes. The second part provides comparative tables for each country.

(CB)

*** DANIELE ARCHIBUGI, BENGT-AKE LUNDVALL (Ed): The Globalizing Learning Economy. Oxford University Press (Great Clarendon Street, Oxford OX2 6DP, United Kingdom. Internet: http://www.oup.com ).2001, 307 pp. ISBN 0-19-924109-0.

This book is a collective effort supervised by Daniele Archibugi, Technological Director of the National Italian Research Council, and Bengt-Ake Lundvall, Professor of Economics at the Department of Global Affairs at the University of Aalborg. It provides an analysis of some of the major challenges and trends in the "new economy". In a world where competition has become global and more knowledge-based, the authors pose some crucial questions. Why has the US economy been able to take full advantage of the new information-based economy, while Europe continues to suffer from high levels of unemployment? How have contemporaneous economic systems, whilst developing their knowledge-bases, provoked growing social inequality within their national borders and between different countries? Convinced that knowledge is now the corner-stone of economic growth and welfare, the authors provide profound and subtle answers to these questions. They are eager to stress that this development calls for an investment on behalf of the public authorities. The different chapters tackle the issues by comparing the European experience with that of Japan and the USA.

(LD)

*** LUIGI PAGANETTO, LEONARDO BECCHETTI, DAVID ANDRES LONDONO BEDOYA: ICT Investment, Productivity and Efficiency: Evidence at Firm Level using a Stochastic Frontier Approach. Università di Roma "Tor Vergata" (18 via Orazio Raimondo, I-00173 Rome. Tel: (39-6) 72595641 - Fax: 2020687). "Quaderni CEIS" series, No. 126. 2000, 39 pp.

This edition of the Centro Interdipartimentale di Studi Internazionali sull'Economia e lo Sviluppo's publication analyses the criteria used for investment in information technology. The impact that this has had on productivity and efficiency is also studied with representative examples provided by case-studies of SMEs in Italy. The authors demonstrate that the positive effects of these investments on company competitiveness are clearly apparent when investment in software is looked at separately from tele-communications.

(CB)

*** Up to Speed and Into the Next Millennium. European Communities Trade Mark Association (286 Bisschoppenhoflaan, Box 5, B-2100 Deurne-Antwerp. Tel: (32-3) 3264723 - Fax: 3267613 - E-mail: ecta@ecta.org <mailto: ecta@ecta.org> - Internet: http: //http://www.ecta.org ). 2000, 325 pp, £25.

This book provides an account of the work accomplished at the 19th Conference of the European Trademark Association in Crete last May, which focused on the issue of trademark protection within the European Union. Legal experts, commercial lawyers and other participants examined the issues of labeling and the repercussions of the "Brussels Convention". Action by the relevant legal authorities and the different procedures in Member States, particularly the European Court of Justice, were subject to a rigorous analysis on the basis of those who are actually involved in this field. The possible consequences of enlargement for those who own the rights to trademarks, was also looked into, as well as potential conflicts arising from the Internet. A comprehensive document of particular interest, of course, to experts in the field.

(LD)

*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg) has published the following documents:

*** Innovation & Technology Transfer DG Enterprise (EUFO 2290, L-2920 Luxembourg. Fax: (352-4301) 32084 - Internet: http: //http://www.cordis.lu/itt/itt-fr/home.html ). September 2001, No. 5, 25 pp.

This issue of the Innovation and SMEs Programme newsletter is called "Exchange of good practice". It focuses on the exchange of good practice in the process of enterprise-level innovation and other knowledge source bases such as research centres. The European Innovation Scoreboard (introduced a few days ago by Commissioner Liikanen) mainly aims to assess the needs of each Member State in this field. An explanation about the activities of the Innovating Regions in Europe Network, which act as an exchange platform between regional political decision makers, is also provided.

*** Revue des Affaires Européennes / Law & European Affairs. Mys & Breesch (12 Graslei, B-9000 Ghent. Tel: (32-9) 2236471 - Fax: 2231364). July 2001, No. 4. Subscription: Euro 225

Some of the best writers from the academic and law school world contribute to this edition of the prestigious legal affairs journal, which deals entirely with the Treaty of Nice. Articles such as: "Reform of Strengthened Co-operation", "Does the Treaty of Nice Satisfy the Demands of Enlargement?", "The International Condition of the European Union after the Treaty of Nice", "The Treaty of Nice and European Defence Policy", "The Jurisdictional Model of the European Court of Human Rights and Reform of the Court of Justice of the European Communities", "What Does the Future Hold for the Court of First Instance?", "The European Union's Charter of Fundamental Rights as Explained to the European Citizen", really get to the crux of issues in the legal domain.

*** Revue du marché commun et de l'Union européenne. Les Editions techniques et économiques (3 rue Soufflot, F-75005 Paris. Tel: (33-1) 55426130/31 - Fax: 55426139 - E-mail: editecom@starnet.fr <mailto: editecom@starnet.fr> - Internet: http://www.editecom.com <http: //http://www.editecom.com> ). 2001, No. 451.

In brief, "The European Community of Coal and Steel is Dead, Long Live the European Federation!", "Cross-border Payments", " The EU and the Third United Nations Conference on Less-developed Countries", "A New Community Regulatory System on the Currency Markets in the Union", "The Theory of Integration: Common Policies for the Foundation of Multi-national Integration", "Proposals for Reforming Community law on Competition", "Modernising Community Law on Agreements: from the Business Leaders' Point of View", "The Internet, Catalyst for European Tax Harmonisation", etc.

*** TERM 2001. Indicators tracking transport and environmentatl integration in the European union. European Environment Agency. (6 Kongens Nytorv, DK-1050 Copenhagen K. Tel: (45) 33367100 - Fax: 33367199 - E-mail: eea@eea.eu.int - Internet: http://www.eea.eu.int ). 2001, 18 pp. Euro 10. ISBN 92-9167-313-7.

This newsletter summarises the main conclusions drawn from the indicators in the second report and is in keeping with the key findings of the EU on transport and the environment. This report was compiled within the context of developing the most sustainable way forward for public transport, in the light of environment action programmes and the sustainable development strategy outlined at the European Council in Gothenburg.

*** Sustainable water use in Europe. Part 3: Extreme hydrological events: floods and droughts. European Environment Agency (see above for details). 2001, No. 21, Euro 10. ISBN 92-9167-306-4.

This report provides an account of the main natural and man-made causes for extreme hydraulic conditions and their impact on Member States and candidate countries.

Journals in brief

*** Louvain. September 2001, Louvain. This edition of the UCL journal takes a favourable view of ecumenicalism, which is currently at a crossroads. *** The Confrontations Letter. Paris. No. 51. Published by Confrontations, this newsletter discusses the redefining of action taken by the public sector in the face of recession, the "manufacturing" of the significant European financial market and European energy policy.

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