*** FRANCOIS D. LAFOND: La création de l'Autorité alimentaire européenne. Enjeux institutionnels de la régulation des risques. Notre Europe (44 rue Notre-Dame des Victoires, F-75002 Paris. Tel: (33-1) 53009440 - Fax: 53009444 - E-mail: notreeurope@notre-europe.asso.fr - Internet: http: //http://www.notre-europe.asso.fr ). "Problématiques Européennes" series, No 10. 2001, 31 pp.
All the fundamentals are now in place for the European Food Authority to soon begin work, even if initially, it only has a temporary centre of operations. It will have taken a little over a year to get things up and running, not much time at all but one which testifies to the gravity of the BSE crisis weighing down on Member States at the time. These sentiments are echoed by Jacques Delors in the publication's forward, where he describes the Mad Cow Disease crisis as one of the most testing events in European history in the last fifteen years. He also explains how it compelled political and administrative decision-makers, experts and producers to ask themselves a few questions on their role in protecting food safety at both national and European levels. The former Head of the European Commission adds, that this crisis in a more general way revealed the profound changes going on in our societies, in their relationship to food issues, scientific and technical progress and running risks.
Popular wisdom would have it that we learn from our mistakes. This is borne out in this case given that this enormous crisis contributed to getting to grips with the fundamental questions of the day, which far too many people had previously ignored. What official status does scientific expertise enjoy? What should it do when scientific outcomes are uncertain, insufficient or contradictory? Where does the responsibility of the scientist cease and that of the politician begin? It is at the cutting edge of these current issues facing us that the European Food Authority has been brought onto centre stage. Mr Delors believes that the background behind this development does merit a mention (he pays homage to the swiftness demonstrated by Romano Prodi's team), which sheds light on problems that are not likely to disappear. This is the subject matter of the Our Europe bulletin (also available on the Study and Research Group web-site created by Jacques Delors).
In the first part of the publication, François D. Lafond (in charge of Our Europe studies relating to European risk management policies in the area of research and development) takes a look at the different stages involved in Europeanising food safety, focusing on the "deficiencies and dysfunctionings" brought to light by the Mad Cow crisis, which led to this "forced Europeanisation". Mr Lafond then tackles the problematics involved in the issue of scientific expertise. In the second part of the bulletin he examines the different restrictions exerted upon the formation of the new institution in light of the risk analysis model that has scarcely changed and the prevailing idea of delegating that has resulted in the creation of the Authority. Lafond does not believe that this development has been used to its full advantage. The third part of the book deals principally with the positions adopted by the Commission, which Lafond considers as more of a reactive than proactive response to developments in our society. A most illuminating study!
Michel Theys
*** BEATRICE MARRE: La sécurité alimentaire européenne à la recherche de son Autorité. Délégation pour l'Union européenne de l'Assemblée nationale (Kiosque 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 No. 112. 2001, 131 pp, 4.57 euros. ISBN 2-11-115246-3.
In the wake of a succession of recent food safety crises, European consumers have demonstrated a massive loss of confidence in the food they have been eating, which has subsequently led to the setting up of the European Food Authority. This constitutes a considerable step forward in Community food safety policy. After stressing the importance of this development, this report compiled by a French Member of Parliament, puts forward a number of crucial improvements to the European Commission project. The author recognises the extent of what is at stake - the public authorities in Europe winning back their credibility from their citizens and ensuring that the Union is able to establish its high level health protection model internationally. Béatrice Marre believes that the European Food Authority must be an independent specialist instrument and not one of crisis management. It should act as a the mainstay in a network of scientific excellence that is open to all actors in the food chain. A number of annexes are also included (the old health structure of Member States, the conclusions of the European Council of Nice relating to the subject) in this report. (LD)
*** KOEN LENAERTS, DIRK ARTS: Procedural Law of the European Union. Sweet & Maxwell (100 av. Road, Swiss Cottage, London NW3 3PF - Internet: http: //http://www.smlawpub.co.uk ). 1999, 539 p. ISBN 0-421-65170-9.
This is an English edition of a book that first appeared in Dutch. One of the authors, Koen Lenaerts, is a Judge at the court of first instance and lecturers in Law at the Katholieke Universiteit Leuven. In this book he systematically exposes and updates the way in which Community law and the mechanisms aimed to protect Community institutions can be implemented, following the entry into force of the Treaty of Amsterdam. The authors highlight the crucial role played by national courts in their dialogue with the Court of Justice, within the context of preliminary referral procedures, as well as on the range of direct action that the Court of Justice and court of first instance can take. The interlocutory amendment procedure figures in three sections of the book. In the first part of the book, the authors provide an insight into the judicial machinery of the Union, the main characteristics of the interlocutory amendment procedures and the powers that Community law can exercise on the national regulation procedures. A complete breakdown of the key mechanisms of co-operation between the national courts and the Court of Justice is also provided.
The second part tackles the breaches of Community law committed by Member States, as well as the interlocutory amendment procedures that exist to help interpret this law, whilst taking into account the fact that the national courts often use this procedure to test the compatibility of their own national legal provisions against it. Protecting the Community institutions against illegal action, figures in the third part of the book. It deals with issues of preliminary reference, used as a means of getting the Court of Justice to tackle questions relating to the validity of legal acts passed by the institutions, in cases where the interested party has no possibility of pursuing direct action. This section of the book also raises the issues of repeal procedures, negligence and liability. The fourth part develops a certain number of specific procedures that includes a discussion about the jurisdiction of the Court of Justice in the fields of intellectual property rights, conventions concluded by Member States and police and judicial co-operation in criminal matters. The fifth and last part deals with Court of Justice and court of first instance procedures. (CB)
*** L. NEVILLE BROWN, TOM KENNEDY: The Court of Justice of the European Communities. Sweet & Maxwell (see above). 2000, 470 pp. ISBN 0-421- 68120-9.
The first edition of this book appeared in December 1993, a year before Austria, Finland and Sweden joined the Union. The subsequent legal amendments that accompanied this new round of accession, as well as the entry into force of the Treaty of Amsterdam on 1 May 1999 and the constant changes to the jurisprudence of the Court of Justice and the Court of First Instance, led the authors to completely update the book and include all the changes that have been introduced since June 1999. Divided into four chapters, this comprehensive guide deals first of all will the composition and organisation of the Court of Justice and then examines its course of decision, its procedures and practice and finally, its interpretation methods, fundamental doctrines and the general principles of Community law. Rather than drawing up a retrospective balance sheet of the manner in which the Court of Justice succeeds in getting "the rule of law" respected, the authors' conclusions contain an assessment of the role that the Court of Justice could play in the future. This role will, according to the two experts and authors of the book, be "vital" in contributing to a reduction in the tension that is indeed inherent in the very concept of the "Union". (CB)
* * * DANIEL DITTERT: Die ausschliesslichen Kompetenzen der europäischen Gemeinschaften im System des EG-Vertrags. Peter Lang (15 Jupiterstrasse, Postfach 277, CH-3000 Berne 15. Tel: (41-31) 9402121 - Fax: 9402131 - E-mail: info@peterlang.com). "Europäische Hochschulschriften" series, No 3119. 2001, 216 pp. ISBN 3-631-37803-3.
The competencies exercised exclusively by the Community have created some of the most controversial areas of Community institutional law. The area for applying two fundamental provisions of the Treaty, namely, the subsidiarity principle (Article 5, paragraph 2 EC) and the strengthened co-operation (Article 11 § EC) clause, is strictly linked to the notion of exclusivity. However, until now, neither the original law, doctrine nor jurisprudence have dealt with the issue of exclusivity in any substantial way. This is brought to light by Daniel Dittert, who has attempted to make good this shortfall by focusing on the issue as the main subject of his Ph.D. dissertation. Dittert's study was supervised by the University of Munich in 2000, just before he took up a post at the European Commission. His starting point focuses on the current debate on doctrine, Community and German institutional practices; as well as the course of decision of the Court of Justice. The author categorises the various criteria and subsequently enables us to distinguish between exclusive and non-exclusive Community competencies. The balance sheet of criteria he draws up is predominantly negative rather than positive, with the first providing an insight into non-exclusive competencies and the latter describing exclusive competencies (CB)
*** JAMES HANLON: European Community Law. Sweet & Maxwell (see above). 2000, 297 pp. ISBN 0-421-71020-9.
The first edition of this book appeared in 1998 and constitutes an ideal introduction to students wishing to understand how the European Union "functions". Mr Hanlon's traditional didactic approach provides us with the historical background of the Community, its enlargement, the Treaty of Amsterdam, the legislative process, its institutions and the supremacy of Community law. Whilst providing an insight into these subjects, the author also looks at the general principles of Community law and analyses the relationship between national and European law. In his concluding chapter, he examines the affects of Community law on certain areas of Company law and procurement contracts. (CB)
*** P.S.R.F. MATHIJSEN: A Guide to European Law. Sweet & Maxwell (see above). 1999, 537 pp. ISBN 0-421-63500-2.
First published in 1972, this "guide to European law" is now in its seventh edition, which is quite an achievement. Professor in Law at the University of Brussels, the author of the book, has been, amongst other things, Director General at the Commission under the Presidency of Roy Jenkins, who in fact drafted the amicable forward to the book. This revised edition provides us with an update of all the important developments that have occurred since the last version was published in 1995 and includes the Treaty of Amsterdam, EU enlargement, reform of the Common Agricultural Policy and Structural Funds. (CB)
*** JOE VERHOEVEN: Droit de la Communauté européenne. Editions Larcier (39 rue des Minimes, B-1000 Brussels. Diffusion: Accès+, 4 Fond Jean-Pâques, B-1348 Louvain-la-Neuve. Tel: (32-10) 482500 - Fax: 482519 - E-mail: acces+cde@deboeck.be). "Précis de la Faculté de droit de l'Université catholique de Louvain" series. 2001, 510 pp, 98.60 euros. ISBN 2-8044-0748-9.
After a long career teaching law at European Community law at the Catholic University in Louvain, Joe Verhoeven is currently lecturing at l'Université Paris II Panthéon-Ass. In this study, which is now in its second edition (and includes all actual or possible amendments introduced by the Treaties of Amsterdam and Nice) Professor Verhoeven tackles the issue of Community institutional law and its ramifications more than the actual content. Not only does he examine the system of standardisation, which formed the basis of the Community legal system (categories, relationship with national law, validity, interpretation, enforcement, sanctions, liability etc.) but also the developments in jurisprudence and Community practice since 196 (when the last edition of this book appeared). The book also explores the "General Framework of the Project - the Community Adventure" and reveals the fundamental features of Community legal materials. This book ought to be of interest to all those practising law (lawyers, magistrates, company legal experts) or searching for valuable information about Community regulation, whilst enhancing our understanding of the subject area. (LD)
*** EUROPEAN COMMISSION (Official Publications Office of the European Communitities, L-2985, Luxembourg) has published the following documents:
*** European Union Employment and Social Protection Policy 199-2001: Employment, cohesion, productivity. DG Employment and Social Affairs.
Commissioner Anna Diamantopoulou states in the opening interview of his publication that she was particularly happy with the way things have developed in three fields: job creation, modernisation of social policy and equal opportunities. There is still a lot that needs to be done. Currently, this will involve following the path to job creation and the subsequent implementation of the Strategy of Lisbon. This should work towards improving access to the labour market for disadvantaged groups, as well as creating greater mobility, employment in the information society and paving the way for further enlargement. Many other challenges are outlined in this bulletin.
*** Cordis focus. DG Enterprise (Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - Internet: http://www.cordis.lu/news ). December 2001, No. 17, 51 pp.
The fifth Research Framework Programme will come to an end in 2002. This will provide an excellent opportunity to strengthen new partnerships with researchers in candidate countries associated to the framework programme. This monthly publication focuses on developments of this nature.
*** Compétitivité et qualité de vie. 2001, 36 pp. ISBN 92-894-2003-0.
This publication describes itself as an, "Anthology of projects financed by the Structural Funds in the Benelux countries" an does effectively provide an inventory of the projects implemented successfully in this region of Europe. This area is made up of three countries that cannot be described as poor, which might beg the question as to why it has been the recipient of such funding. Commissioner Michel Barnier explains that this is down to the principle of subsidiarity and the strong disparities that exist within the countries themselves. Belgium is the richest area, with the Brussels region holding fourth place throughout the entire Union and which can boast of having a GDP per head of the population that is twice as high as that of Hainaut, the poorest area in the country. The same imbalances exist in the Netherlands between the Utrecht and Flevoland areas. There are of course other reasons that can be added, such as restructuring the steel industry.
*** Revue du marché commun et de l'Union européenne. Editions Techniques et Economiques (3 rue Soufflot, F-75005 Paris. Tel: (33-1) 55426130 - Fax: 55426139 - E-mail: editecom@starnet.fr - Internet: http://www.editecom.com ). January 2002, No 454, 69 pp.
In brief: "A third Stage for the Third Pillar of the European Union: the European Arrest Warrant, Terrorism and Eurojust", "Reflections on the White Paper Proposals on European Governance", 'The Indirect Benefits of European Regional Policy and the Perspective of Enlargement", "Unacceptable Alliances", "Significant Inequalities between EMU Member States, Opportunity or a Threat to the Single Currency?", Agricultural Multi-activities: A Necessity for the Future?", "Rural Development Perspectives in Portugal", "Communications: European Community Administrative Instruments for Action".
*** Liaisons sociales Europe. (1 av. Edouard-Belin, F-92500 Rueil-Malmaison - Tel: (33-1) 41299991 et 299623 - Fax: 299670 - Internet: http://www.liaisons-sociales ). January 2002, No 47, 8 pp.
This specialist publication focuses on one issue this time - the new agreement clauses for creating European enterprise committees. This is occurring the moment the EU enters the new year with the possibility of revising the 1994 Directive. Other subjects dealt with include: employee mobility in the Union, professional training, the agreement re-negotiated with Air France and a four-page case on information consultation in Germany…
Reviews in brief
*** Gaceta 10. 2001, No 10. Toluca (Mexico). A brief summary of this Mexican College Social and Human Science publication: "Religious Phenomenon - Persistence, Strengthening and Diversification", "Despair - Symptom of the Modern World", "In the Fight against Poverty, State Policy has become Crucial", "Mexican Emigration to the USA", "The Euro and its Implications for International Relations".