*** FERRUCCIO PASTORE: Reconciling the Prince's Two "Arms". Internal-external security policy coordination in the European Union. Security Studies Institute of the Western European Union (43 av. du Président Wilson,F-75775 Paris Cedex 16. Tel: (33-1) 53672200 - fax: 47208178 - E-mail: ies-ueo@iss-weu.com - Internet: http: //http://www.weu.int/institute ). "Occasional Papers" series, No.30. 2001, 21 pp.
This document is a follow-up to the 27th "Occasional Paper ", published before the summer and edited by Antonio Missiroli, which focused on CFSP coherence, especially on the aspects of crisis prevention and emergency situation management, such as massive waves of refugees ("Coherence for European Security Policy - Debates-Cases-Assessments"). The WEU Institute is now the responsibility of the Union and headed by Nicole Gnesotto in Paris. In this issue it examines another aspect of coherence between the different security sections, a subject that has become tragically pertinent after the events of 11 September: the relationship between internal and external security. In the initial article in this document, written before the attacks on the USA, but still significantly relevant, Ferruccio Pastore, from the European University Institute in Florence and currently in charge of coordination of migration and security issues at the Centro Studi di Politica Internazionale, quotes Machiavelli's Prince, in which there were already warnings of what the "prince" should fear both internally (from his subjects) and externally (from foreign powers etc). Mr Pastore examines the Union's institutional problems, provoked by its pillar-like structure, which impact on the coordination between internal and external security. These are issues that will certainly be raised during the debate on the future of Europe; José Maria Aznar has already raised them by effectively requesting that the war on terrorism be added to the Petersberg missions. He is counting on the fact that once the third pillar is adopted and integrated into "communitarisation", the possibility of it becoming a practical measure in the foreseeable future will be greater. The prospect of full transfer of CFSP/ESDP within a legal and institutional Community structure, however, still appears a long way off. The political dimension of this coordination is also explored by looking at the concrete example of managing the future borders of the Union. The "orthodoxy" of Schengen will still prevail, particularly within the Justice and Home Affairs Ministries, but Pastore believes that there are encouraging signs of a debate developing that will make some of the Schengen criteria more "flexible" so that Schengen becomes "fully compatible with the global and strategic objectives of enlargement".
Marina Gazzo
*** JACQUES CHIRAC: France and the definition of the European Interest. The Federal Trust for Education and Research (Dean Bradley house, 52 Horseferry Road, London SW1P 2AF. Tel: (44-020) 77992818 - fax: 77992820 - E-mail: governance@fedtrust.co.uk - Internet: http://www.fedtrust.co.uk ). "European Essay" series, No. 17. 2001, 19 pp, £5. ISBN 1-903403-31-6.
The French President, Jacques Chirac, used the occasion of the 9th Ambassadors Conference on 28 August in Paris to speak on the subject of "France and the definition of the European Interest". This speech is worthy of some attention given that the ideas he voiced on foreign and security policy concern issues will arise during an intense debate at the intergovernmental conference in 2004.
Taking on board the fact that Europe has achieved some progress in "external action", Chirac's message is for European defence to be built "in harmony with the Alliance" and be able to deal with crises that directly affect the EU. Chirac expresses disappointment at the fact that too often, the CFSP is a reflection of the lowest common denominator. He puts forward a number of proposals for ensuring Europe has a greater presence on the international scene, such as the adoption of a European Constitution in 2004 (which would contribute to the strengthening of a European identity). He also calls for the extension of the scope of European foreign policy and for the institutions to be modernised so that they are in a better position to define European interests in detail. According to Mr Chirac, a foreign policy and security framework should be created after enlargement, as well as a pioneer group, open to all those who want to go further and faster, which would allow for greater co-operation. Mr Chirac asserts that by adopting convergent positions on essential foreign policy subjects and by setting up joint defence projects, certain countries could take up a leading force, as past experience has shown, and benefit all those who wish to take part in the project. (CB)
*** ALFRED CAHEN: L'Alliance Atlantique pour le XXIe siècle. PIE/Peter Lang (Jupiterstrasse, Postfach 277, CH-3000 Berne 15 - Internet: http://www.peterlang.net ). "La cité européenne" series, No. 25. 2001, 139 pp. ISBN 90-5201-945-2.
This book republishes a working document put together in summer 1999, within the framework of the Atlantic Treaty Association (ATA), by its Secretary General, Alfred Cahen, to coincide with NATO's fiftieth anniversary. It provides an insight into the changes that have occurred within the organisation after the collapse of the Soviet Union, as well as the major issues and current political problems on both sides of the Atlantic. This publication is dedicated to Alfred Cahen, the great Belgian diplomat, who was amongst other things, WEU Secretary General, and who passed away on 19 April 2000. The text from the report comes in its original version but is situated in its political context thanks to an introduction by Eric Remacle and Pascaline Winand, both of whom are from the Free University of Brussels. They are of the opinion that Alfred Cahen could be summed up as comprising two political levels: European construction and trans-Atlantic solidarity. This book, according to the authors in the preface, contains the key to the vaults of the political vision of a "key diplomatic player of western diplomacy during the cold war and post-cold war periods". (CB)
*** KURT R. SPILLMANN, ANDREAS WENGER (Ed): Towards the 21st century: Trends in the Post-Cold War International Security Policy. Peter Lang (see address attached). "Studien zur Zeitgeschichte und Sicherheitspolitik series - Studies in Contemporary History and Security Policy", No.4. 1999, 335 pp. ISBN 3-906764-31-1.
Thirteen well-known experts from five research institutes (International Institute for Strategic Studies, London, the Centre of Security Policy and the Graduate Institute of International Studies, Geneva, RAND and the Centre for International Studies, Oxford) set about analysing the most important transformations in the international security field since 1989, as well as the mains problems to be found in this field. They explore the trends that are likely to occur in international security policy over the next few years. These high-level analyses allow the reader to gain a better understanding of security issues but the primary aim of the book is to draw attention to the numerous uncertainties that have been created since the end of the division of the world into two blocks. In their conclusions, the authors took the risk of putting forward five priority areas for the international security agenda: the difficulty of redefining the concept of "international security" in the wake of the end of the cold war; although the term "globalisation" is vague, its economic meaning does profoundly influence international security; the nature of conflicts has changed, moving away from conflicts between states to conflicts within them; since 1989, the dominant position of the USA within the international security system cannot be doubted; there is no indication at all that a European security system, despite some positive aspects to it, would give ground for optimism. The book provides a diagnosis that should certainly be updated to include the latest developments within the Union and the recent international events, but which is by and large still highly relevant. (CB)
*** ELIE BARNAVI, SAUL FRIEDLÄNDER (Ed): The Jews and the Twentieth Century. Dictionnaire critique. Calmann-Lévy (3 rue Auber, F-75009 Paris. Tel: (33-1) 47423833 - fax: 47427781). 2000, 815 pp. 450 FF. ISBN 2-7021-2889-0.
This impressive volume, edited by two prestigious European intellectuals (Barnavi was born in Bucharest and Friedländer in Prague…), invites the reader to view the twentieth century in light of the Jewish contribution to it and the Jewish contribution in the light of events at the end of the nineteenth century - from the massive Russian pogroms of 1881 to the rubble of the Berlin wall. Forty-nine specialists from three continents study, in a manner that is controversial and critical, but consistently erudite, the phenomena, places and events, that would have been incomprehensible or quite different. A remarkable portrait. (MT)
*** JOËL RIDEAU: Union européenne. Commentaire des traités modifiés par le Traité de Nice on 26 February 2001. Librairie Générale de Droit et de Jurisprudence (31 rue Falguière, F-75741 Paris Cedex 15. Tel: (33-1) 46338985 - fax: 56541649 - E-mail: e.j.a@wanadoo.fr <mailto: e.j.a@wanadoo.fr>). 2000, 511 PP, EUR 41.16, 203.35 FF. ISBN: 2-275-02107-8.
Union Member States that have ratified the Treaty of Nice can still be counted on the fingers of one hand, and Joël Rideau, in his preface to this very useful book, recognises that the perspective of its entry into force, "is obviously threatened by the no-vote in the Irish referendum". Professor Rideau (Université de Nice-Sophia Antipolis and Fellow of the Institut universitaire de France) stresses, however, that this obstacle ought to be overcome to avoid compromising developments in European construction, particularly that of "enlargement", even though it is now obvious that "new developments are occurring that will allow the Union to meet the challenges it faces and perhaps adopt its Constitution that is presently nowhere to be found". In his introduction entitled, "From one amendment to the next", Loïc Azoulay outlines future prospects and asks whether we are really moving "towards a European Constitution". Whilst we wait to find out, the authors compare the different texts and help the reader to weigh up the scale and limits of the changes introduced by the much loathed Treaty of Nice. (MG)
*** MICHEL M. WALTER (ed.): Europäisches Urheberrecht. Kommentar. Springer-Verlag (4-6 Sachsenplatz, P.O. Box 89, A-1201 Vienna. Tel: (43-1) 3302415-0 - fax: 3302426 - E-mail: springer@springer.at - Internet: http://www.springer.at ). 2001, 1,221 pp., 3,416 öS, 488 DM, 420 FS. ISBN 3-211-83164-9.
This legal review on patent rights is a very useful tool for experts who work in the field of intellectual property rights and information technology. The variety of Community directives that have come into being since the 1991 Software Directive are examined and discussed in detail. Their adaptation in Germany and Austria is also explored, including certain developments that have occurred since 2000. A general introduction on the other provisions of the Treaty linked to intellectual property rights is also usefully covered in this book. (PB)
*** MARIO OETHEIMER: L'harmonisation de la liberté d'expression en Europe. Contribution à l'étude de l'article 10 de la Convention européenne des droits de l'homme et de son application en Autriche et au Royaume-Uni. Editions A. Pedone (13 rue Soufflot, Paris). "Publications de la Fondation Marangopoulos pour les droits de l'homme" series, No. 6. 2001, 384 pp, EUR 54.88, 360 FF. ISBN 2-233-00381-0.
In his thesis on the harmonization of the freedom of expression, which is republished in this book, Mario Oetheimer has sought to "demonstrate", through a very comprehensive work of research, the harmonization mechanism in all its diverse forms and variations. Professor Constance Grewe (Université Robert Schuman de Strasbourg and a Member of the Ph.D. panel overseeing the thesis) draws attention in the preface to the fact that there are extremely few studies that confront European law with a range of internal laws. The author has in fact chosen the two countries that have given rise to the most controversy surrounding Article10 of the Convention and the Court of Justice in Strasbourg. Both Austria and the United Kingdom have legal systems that are very different from each other. This has enabled the author to examine aspects of jurisprudence, not in any abstract way, but rather practical examples of it arising in Austria, the United Kingdom and at the Court of Justice in Strasbourg itself. Oetheimer succeeds in demonstrating that if, "the convergence process is capable of encompassing two legal systems that on the face of it are so different, it could therefore include any foreseeable variations between these two extremes". The author makes the harmonization process appear like it is in a state of total flux and "in dialectical motion". Thus, harmonization was initially internal legal rulings that agreed to apply the Convention and case law on a case by case basis. Harmonization now impacts on the decisions of judges and allows room for national jurisdiction to adapt to solutions adopted at Strasbourg. This leads the author to sometimes criticise judges from the national courts for their inertia and resistance whilst at the same time revealing the European judges' lack of method.
Mario Oetheimer's research methods are essentially empirical and guided by rulings that make up his subject matter. He advances by way of an investigation that is highly lacking in Europe and focuses on judges' voting behaviour and where the goal is precisely that of revealing the wide range of opinions and behaviour within the Courts. He succeeds in "outlining a better knowledge of European interpretations" The author considers that, "the Court is the driving force of harmonization in Europe". This explains why it is important to understand how it functions, as well as being familiar with the jurisprudence in which it works, before demonstrating the techniques for protecting the freedom of expression on a national level. By adopting this preliminary approach, a good understanding of the convergence process will be gained. (CB)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg) has published the following documents:
*** InfoEuro. Information Programme for European Citizens (Internet: europa.eu.int/euro). November 2001. No. 20, 12 pp.
Commissioner Pedro Solbes explains that as we are in the middle of introducing the single currency, protecting the rights of consumers is the priority of Member States and the Commission. He also explains that although there are risks involved, they are only minor ones. No-one is free from the danger of making a miscalculation but the time for action and vigilance is needed by those responsible for inflation and other macro-economic risks. Other subjects include: managing the public debt, Commission action on cross-border payments, EUR bank notes, the "Euro Made easy" familiarisation tool for European citizens etc.
*** Inforegio news. DG Regional Policy (E-mail: regio-info@cec.eu.int - Internet: http: //eurora.eu.int/barnier ). October 200, No. 91.
This newsletter introduces the first Urban II programmes approved by the Commission and aims to promote sustainable development in urban areas in France and the Netherlands. This new generation of Urban programmes succeeds Urban I, which between 1994 and 1999, helped to improve the quality of life in 130 European towns. This issue also introduces the new Interreg III programmes and the new priorities for the future.
*** Cordis Focus. DG Enterprise (E-mail: innovation@cec.eu.int - Internet: http://www.cordis.lu/news/fr ). November 2001, No. 185, 27 pp.. Free subscription.
Commissioner Liikanen explains that a common bio-technology programme is essential in Europe. Also in this issue: the ETUC calls for measures to reduce exclusion by e-Learning, realising that despite Europe's general late start, certain European countries are ahead of the USA and Japan. To maintain this level, increased R&D funding is needed as well as the need to combat the public's distrust of science.
*** Revue du marché commun et de l'Union européenne. Les Editions techniques et économiques (3 rue Soufflot, F-75005Paris. Tel.: (33-1) 55426130 - fax: 55426139 - E-mail: editecom@starnet.fr - Internet: http://www.editecom.com ). October-November 2001, No. 452.
In brief: an article by Jim Cloos (former Head of President Jacques Santer's Cabinet) entitled "Does the Union Need a European Security Policy?", an interview with Giorgio Napolitano, President of the European Parliament's Committee on Constitutional Affairs, "Reform of the European Union: a change of method?", three articles on new information technology ("e-Europe", "Co-regulation: a Way for Regulating the Information Society?", "VAT on E-Commerce: Why Change the Rules?"), "The European Union beyond the Armed Response: Civilian Crisis Prevention and Management", "The European Union and the Civilian Management of Crises: integration of the High Command and Police Forces", "How the Euro will enter into circulation?" etc.
*** Youth Opinion. European Youth Forum (rue Joseph II, B-1000 Brussels). October-November 2001, No. 8, 15 pp.
"Independence in Danger », title on the first page of the Youth Forum review. The editorial assesses the level of anxiety in some countries where governments are trying to reduce the independence of youth structures. Other subjects include: Bridgeheads for Training, World Conference on Racism, The UN and Youth Employment.
Reviews in brief
*** Benelux Newsletter. Brussels, 4th quarterly of 2001. The pages of this quarterly open their columns to the ambassadors of Belgium and the Netherlands in Luxembourg. The fact that Luxembourg is itself a full member of the Benelux countries within the Union is emphasised before mentioning its activities and new projects in the review. *** IOM News. December 2001. Geneva. "50 Years of Migration", figures in the International Labour Organisation's review, which also provides unpublished and astonishing photographs of a not so distant past, that of European emigrants en route to the Americas or Australia. *** Paneurope. October-November-December 2001, No. 33. This information letter of the Pan-European Union of France deals with the issue of European security, the Treaty of Nice, the Euro and "Greater Europe".