*** MARCO MARTINIELLO: The New Migratory Europe. For a proactive immigration policy. Labor publishers (29 quai du Commerce, B-1000 Brussels. Tel: (32-23) 2500670 - fax: 2177197 - E-mail: labor@labor.be - Internet: http: //http://www.labor.be ). "Quartier libre" series. 2001, 91 pages. EUR 9 ISBN 2-8040-1621-8.
The goal of Marco Martiniello in writing this book was to set out some markers for a large public debate on the subject of one of the most important phenomena of our time. This small book is concise and intelligently argued. Although the subject matter he is dealing with is very common-place, it all too often gives rise to base instincts, sick fantasies and downright lunacy. It is stating the obvious that the phenomenon of migration is back on the political agenda. To not admit that the politicisation of migration and its consequences has not translated into over-dramatisation and sometimes media saturation of issues lined to immigration, would be less than honest.
A lecturer in research at FNRS, and political science at the University of Liege, the author's starting point is to tackle the prevailing "alarmist approach towards immigration". Thus, emphasis is placed on the political and police methods used in dealing with immigrants at a supranational level, "namely the practice of keeping them to a minimal level". A certain "social panic" is the norm and "a view of migration that is essentially negative is frequently to the fore, indeed legitimised". Suddenly, immigration supposedly has a damaging affect on international security and is a factor for creating internal insecurity for countries to such a level that the presence of immigrants "is used in a simplistic way as the main reason for the emergence of far-right parties", as well as a threat from "enemies from within" to social democracies, especially Muslims. The author considers that by only concentrating on the assumed negative aspects of immigration (security, economy, democracy) it ends up as academically reductionist and leads to "ambiguities and obvious paradoxes". It is much more realistic to accept that (and the arguments that he puts forward suggests this is indeed the case), we should recognise that migration has both positive and negative affects and that there absolutely no cut and dry case to the matter. It is also important to remember that immigration is nothing new in the history of humanity; without it humanity would not be what it is. Is it imaginable to reverse this secular reality when we live in the global village where migration is technically easier and less costly? The author deals with this issue by examining the European situation and to a lesser extent, the North American experience. the first chapter briefly outlines the migratory waves to Europe since 1945 and provides some perspectives for the future on the subject. Marco Martiniello then explores post-war European immigration policies and reveals to what level restrictive immigration policies based on security fears have been way off target. With this as the background, he calls for a "proactive policy" in the Union. His arguments are based on economic good sense, demographic necessity and humanitarian reasons and what he describes as realism.
This thoroughly interesting book concludes with a brief discussion on the possible framework of future European immigration policy. If the author considers that an "attitude that is essentially cold with regard to migration, is essentially cold towards humanity", he does not, nonetheless advocate a fatalistic approach to immigration. But as he so eloquently puts it, there is a policy that lies between the utopian open-door doctrine and the hypocrisy of zero immigration, that of a proactive immigration policy based on clear and democratic criteria, that takes into account the wishes and needs of all and which simply recognises the principle of individual freedom to be able to go anywhere on the planet in search of a better life than one can find at home.
Michel Theys
*** OLIVIER BRENNINKMEIJER: Internal Security beyond borders. Public Insecurity in Europe and the New Challenges to State and Society. Peter Lang European Academic Publishers (15 Jupiterstr., CH-3000 Bern 15. E-mail: info@peterlang.com). 2001, 217 pages. ISBN 3-906765-64-4.
Written well before the terrorist attacks in the USA on 11 September, this original analysis of crime and violence is worthy of some attention. A researcher at the Institut des Hautes Études internationales in Geneva, the author adopts a broad approach to the issue of internal security and poses some questions on the way the issue is perceived. After presenting the various challenges that exist at a European security level since the 1990s, Brenninkmeijer - who focuses particularly on prevention in general and the situation in Switzerland - concludes that public anxiety about security must be dealt with seriously and that better international co-operation in fighting crime is needed. The author considers that the issue of security is now of global, European and local importance. In his book, Olivier Brenninkmeijer provides a clear and useful academic analysis and political angle to national and international criminality. It is a book that could be recommended to those who want to gain more information on the subject in order to participate in a sensible and structured debate on a subject that is often dominated by populist policy and xenophobia.
(PB)
*** BRUNO NASCIMBENE (Editor): Expulsion and detention of aliens in the European Union Countries - L'éloignement et la détention des étrangers dans les Etats membres de l'Union européenne. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Internet: http://www.giuffre.it ). 2001, 602 pages, EUR 51.65 ISBN 88-14-08933-7.
This comprehensive book, includes contributions in both English and French and is the result of research financed partly by the Commission within its Odysseus programme. The research was carried out in fifteen Union Member States by national experts, university lecturers and legal specialists and examines the legal systems in each of these countries which are responsible for setting and carrying out the expulsion and detention procedures of persons from Third countries, namely illegal immigrants. These reports examine the issue within the perspective of the following factors: the expulsion of foreigners within the context of immigration policy, the reasons that allow for expulsions from different countries, the status of foreigners subject to expulsion orders, the typology of expulsion measures, the implementation of expulsion orders and the competent legal jurisdiction in case of expulsion. This data is used for a comparative analysis that aims to identify the differences and similarities existing in national laws. The goal of the writers is to define the factors that could be used as a cornerstone for future Community legislation on the subject.
(MT)
*** ALBERT FERRER I GOMEZ: Libre circulation de nacionales de terceros estados y miembros de la familia en la Union Europea. Institut universitari d'estudis europeus (Universitat Autonoma de Barcelona, Edifici E-1, 08193 Bellaterra, Barcelona, Spain. Tel: (34-93) 5813024 - fax: 5813063). "Quaderns de treball" series. 2001, 241 pages. ISBN 84-95201-08-9.
This investigation examines the practical results of the current legal set-up in Community law on the free circulation of persons and their families originating from Third countries. The author reveals the advantages of current legislation, but also the incoherencies, let alone the real-life consequences for those on the receiving end. The rights of these people are studied from a personal and academic point of view.
(LD)
*** SYLVIA PREUSS-LAUSSINOTTE: L'essentiel des libertés et droits fondamentaux. L'Organisation des libertés (Vol. 1) et le régime juridique de chacune des libertés (Vol. 2). Gualino publishers (Paris). "Les Carrés" series. 2001, 119 and 98 pages, EUR 10. ISBN 2-84200-441-8 and 442-6.
Six chapters divided into two, the author - a Senior Lecturer in Common Law at the Université Paris X - introduces in one part of the book the general theory on freedoms (philosophical origins, new revised laws, fundamental international law, protection of fundamental rights within the European context, legal limits on rights and freedoms) and, in the second part of the book, the legal system governing each of these freedoms (human dignity, freedom of circulation, right to a private life etc). A book that is both meticulous and concise.
(LD)
*** The Impact of National Judgements on other European Union Member States. Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845). 2001, 250 pages., EUR 50. ISBN 2-8027-1459-7.
"I have received a definitive judgement in my favour by a court in a European Union Member State. Will I be able to benefit from this judgement and the rights that accompany this legal ruling in the territory of all other Member States?"… Formulated by Jean Pierre Puissochet, a Judge at the European Court of Justice, this question acts as the main thread throughout this book that is based on a symposium held in March 2000 by the Centre of European Studies at the Faculty of Law at the Université Jean Moulin de Lyon. The core of the Convention of Brussels debates aimed to simplify the necessary procedure for enforcing national judgements in different countries. This study is a synthesis that is both retrospective and prospective and analyses the different contributions and the various outcomes according to the different branches of law, whether they are covered or not by the relevant Conventions and the countries where the rulings apply.
(MT)
*** HUGHES BORN, MARC FALLON, JEAN-LOUIS VAN BOXSTAEL: Droit judiciaire international. Chronique de jurisprudence 1991-1998. Larcier (39 rue des Minimes, B-1000 Brussels). "Les dossiers du Journal des tribunaux" series, No 28. 2001, 650 pp. ISBN 2-8044-0720-9.
With the encouragement of the Brussels Convention, international judicial law has taken on greater importance. Mastering the principles is no longer sufficient - ever more abundant case law has to be studied with the Court of Justice acting as the reference in this connection. This volume has been designed by three lawyers with this in mind. It is a chronicle concentrating on the Brussels Convention and more specifically on issues under international competence. It also takes account of the rulings that the Court in Luxebmourg has issued in the period up until 31 December 2000. An impressive fresco… but clearly designed for a specialist readership.
(MT)
*** FERNANDO CASTILLO DE LA TORRE: El control judicial de los acuerdos internacionales de la Comunidad Europea. Dykinson Publishers (61 S. L. Melendez Valdes, 28015 Madrid. Tel: (34-91) 5442846 - Fax: 5446040 - E-mail: dykinson@tsai.es - Internet: http: //http://www.dykinson.es ). 2001, 238 pages. ISBN 84-8155-755-2.
It is within the different competing international treaties and in their internal legal provisions, where the profound differences in behaviour of the international and national organisations can be found. At the same time, the problems that can arise from the relationship between the Constitution, as the basic standard, and international treaties cannot prevent Community law from developing once the Community's abilty to sign international agreements has been recognised. This book is based on research requested by different legal services and is edited by a legal expert. The author is a public auditor at the European Court of Justice and works for the Cabinet of President Rodriguez Iglesias. He provides us with a general introduction to the legal inspection of international agreements concluded by the Community within the scope of the First Pillar, the only one on which the Court of Luxembourg can exercise its control.
(LD)
*** MARIA KRAMBIA-KAPARDIS: Enhancing the Auditor's Fraud Detection Ability. An Interdisciplinary Approach. Peter Lang (15 Jupiterstrasse, Postfach 277, CH-3000 Bern 15). "European University Studies" series, No. 2727. 2001, 188 pages. ISBN 3-631-36972-7.
Audit criteria and the judgements of English speaking common law courts - such as those in the United Kingdom, USA, Canada, Australia and New Zealand - constitute a reference in fraud detection and follow-up. Even though there are still a number of grey areas, common law does not generally oblige inspectors to legally detect cases of fraud. From a legal point of view, their only remit is to carry out the inspection carefully and competently and, in this context, take into consideration any possible case of fraud. The author of this book has attempted to make out, through her research, why and how fraud is committed and who are likely to commit it. This aims to allow investigators to detect it more easily and respond adequately to those who have ordered the audit. Until now, no etiological model for commercial fraud existed and in general, research into the field of fraud was very poor. This book makes good this shortfall. It brings together etiological knowledge with cases of fraud detection carried out by investigators. the critical assessment of the empirical research results has allowed the author to construct an etiological model describing fraud, as well as a fraud detection model based on a certain number of psychological, sociological and criminological observations.
(CB)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg) has published the following documents:
*** Innovation & Technological Transfer. DG Enterprise (Innovation Directorate - EUFO 2268, L-2920 Luxembourg. Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - http: //http://www.cordis.lu/itt-fr/home.html ). January, No. 1/02, 31 pages.
The main article is on intellectual property rights and balancing the different interests. It deals essentially with three topics: Everyone Wants a single Community Patent, When the Patent of an SME is Counterfeit, the Patinova Conclusions, Patent Management in the USA: Superior or just Different, Managing Intellectual Property as a Commercial Asset. This is one of the most important issues, especially so given that there is such a lack of balance in the number of requests for patents per inhabitant of the USA and for those in Europe, except for Finland and the Netherlands.
*** Cordis focus. DG Enterprise (Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - Internet: http://www.cordis.lu/news ). 11 February 2002, No. 190, 27 pages.
On the first page, Philippe Busquin, Commissioner for Research, describes the Descartes Prize as really being the icing on the cake for collaborative research work. Founded in 2000 and awarded every year to outstanding research results, the prize is not quite in the same league as that of the Nobel Prize, but the Commission is trying to promote it more and more. Other subjects tackled: the Spanish Presidency is confident about meeting the challenges in the field of research, European Ministers discuss with representatives from the private sector in an effort to give research a boost etc.
*** Liaisons sociales Europe. (1 av. Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-1) 41299991 and 299623 - Fax: 299670 - Internet: http://www.liaisons-sociales ). January-February, No. 48, 7 pages.
Consultation between social partners on restructuring is the key subject of this issue, following on from the adoption by the Commission, on 15 January of a document on the principles that should be respected when it occurs. The document itself will be submitted to the different European social partners for consultation. Other subjects dealt with: Members States put forward their Employment Strategy, in Spain - pension allocations become flexible, creating an enterprise committee in a non-Community group, the subsidy project for the low paid in Germany etc.
*** Actualité des Services Publics en Europe. Lettre des entreprises européennes de réseaux (36, rue de Laborde, F-75008 Paris. Fax: (33-1) 43876891 - E-mail: aspe@club-internet.fr). January 2002, No. 85, 15 pages. Subscription: EUR 490
"Is Galileo Dead?", this is the title of the "Debate" whilst the main article focuses on energy. Brussels having decided to crank up the speed a bit in the internal market in this sector just before the Spanish took over the Presidency. To summarise: France's Discrete but Significant Reforms, The Legal System in the Transport of Natural Gas, Spanish Naval Shipyards have Benefited from State Aids through the Backdoor, Rail Quality Demands European Level Minimum Criteria, Member States still out on Enlargement Big Bang etc.
*** Economía Exterior. Estudios de Politica Exterior. (6 Padilla - 28006 Madrid. Tel: (91) 4312628 - Fax: 5777252 - E-mail: revista@politicaexterior.com - Internet: http: //http://www./politicaexterior.com ). No. 18, 2001.
" Spain within International Finance Organisations" is the subject of the main article in this issue. It also tackles issues such as "Spanish Business and Multilateral Projects", "European Union Programmes", The New International Financial Architecture. The bulletin also stresses that for business, expanding capital and the presence of Spain in the leadership of multilateral financial institutions should be one of the main aims of its government.
Reviews in brief
*** Courrier économique et financier. January 2002, No. 1, Brussels. "Globalisation in the Eye of the Storm" - this banking newsletter's interesting and critical approach to the waves of protest. Another heading that stands out: The Stability Pact and Upheaval... *** Paneuropa Interim. January 2002, No. 1, Munich. The President of the Paneuropa-Union, Otto von Habsburg, introduces this publication with a look at the Pakistani-Indian debacle over Kashmir.