*** OLIVIER DE SCHUTTER, NOTIS LEBESSIS, JOHN PATERSON (Ed.): La gouvernance dans l'Union européenne. European Commission (Official Publications Office of the European Communities, 2 rue Mercier, L-2985 Luxembourg. Tel: (352-2929) 42455 - Fax: 42758 - E-mail: info-info-opoce@cec.eu.int - Internet: http: //eur-op.eu.int). "Les cahiers de la Cellule de prospective" series 2001, 334 pp, 49.50 euros. ISBN 92-894-0314-4.
This book addresses the controversial art of governance. A vast programme in a world that's witnessing citizens lose more of their Latin every day (justifiably so, as Jérôme Vignon explains in the preface, with what the authors describe as "profound changes in democracy") or more of their illusions at least, in a European Union that remains an unclassifiable "political beast" - and therefore an unclassifiable democratic beast. In terms of the latter point, the former "boss" of the Commission's Forward Studies Unit (the evanescent unit has now been renamed) and the craftsman behind the recent White Paper on European governance admits that the authors of the book in question managed to "convince" him that the democratic crisis being experienced by the Community project does not arise from any deficit, "meaning the absence of a parliamentary institution like those we find at the centre of public life in the nation states", but rather from "the now formal nature of the procedures developed by the Community". Jérôme Vignon explains: that one has to admit that the current management of the complex system by national and Community powers in charge of Europe does not really do justice to either the wealth of knowledge or the diversity of context in Europe. The wealth of social, cultural and scientific knowledge is not taken into account, for example, in the admittedly very structured organisation of prior consultation before the publication of legislative proposals. Over-favouring a sectoral vision for the specific domain being looked at, the organisation of consultation does not do justice to either expertise in or the whole range of issues to be resolved. The mad cow crisis was a typical example of this, he points out.
A mixture of experts in European governance and people practising governance on a daily basis, the authors paint the theoretical background in the first part of the book. Using a genealogical historical approach of changes in governance in democratic societies, sociologist Jean De Munck and Prof. Jacques Lenoble (Director of the Philosophy of Law Centre at the Université catholique de Louvain) look at changes in the art of governance, linking the crisis of politics with the crisis of the world of rationality. Professor in public law at Hamburg University and the European University Institute of Florence, Karl-Heinz Ladeur outlines a version of proceduralisation that takes account of the limits of human beings' rationality and the complexity of the society the laws apply to, laws which have to turn into instruments of knowledge. The second part of the book is a series of essays describing national experiences and drawing lessons from them. Andrew Dunsire (Emeritus Professor of Politics at York University) and Prof. Christopher Hood, for example, try to discover proceduralisation at work in the transformations in the British civil service over the last two decades. Bernard Perret, Manager at INSEE, looks at the French experience of changing public policy. Sociologist and political analyst Jean-Claude Thoenig takes changes in public activity in France as his starting point for making very tangible suggestions for the European arena, calling for greater mobility among European politicians, the different Directorates of the European Commission and also between local and EU level and between Member States in order to bridge the gap between different administrative cultures.
The third part of the book looks at explicit proposals for the European Union in general and the Commission in particular. Prof. Giandomenico Majone and Michelle Everson put the case for the positive role that independent administrative agencies can play, while Prof. Renaud Dehousse exercises new powers of thought (independent of the traditional views) on the question of the legitimacy of the European project. Olivier De Schutter (UCL) develops a series of ideas for translating the demands for transparency and involvement into reality, ideas that are then picked up with a vengeance by MEP Philippe Herzog, who invites the reader to explore with him paths for the active foundation of European civil society. Pierre Calame explains the notion of active subsidiarity, while Gilles Bertrand and Anna Michalski (member of the erstwhile Forward Studies Unit) explain on the basis of putative future scenarios that greater involvement of stakeholders has to be encouraged in the decision-making process. In the conclusions, John Paterson (Westminster University) and Notis Lebessis (the Forward Studies Unit) set the essays against the background of the big deadlines the European Commission will soon be facing. A high-flyer among books of its kind!
Michel Theys
*** BINO OLIVI: L'Europe difficile. Histoire politique de l'intégration européenne. Gallimard (Paris). "Folio histoire" series, No. 103. 2001, 908 pp. ISBN 2-07-041975-4.
The new Olivi has arrived! This phrase is clearly inspired by the slogan announcing the arrival of that well-known French wine every year, the wine that is not to be put down but to be drunk immediately. It's an appropriate slogan for the most famous book by the most well-known former spokesperson of the European Commission, following the Italian edition published by Il Mulino publishers in the series "Le vie della civiltà"), whose very title (L'Europe difficile, Awkward Europe) is genuine serendipity. The slogan is also appropriate in that like the wine in question, quality is eternally high and connoisseurs know what they're getting; although the substance is new since the book is updated each time a new edition is published. Its success comes from the dual nature of the book, being both a historical essay (explaining and analysing the history of the European project from 1947 and 1948 onwards) and a politically committed book (whose objectivity and rigorous claim to accuracy never prevent Bino Olivi from hinting at where his true feelings lie).
The new edition also looks at events in 2000, including the future prospects opened up with the arrival of the euro and the creation of the Convention which will be preparing for the Europe of the future. Over and above his commentary on the chronicle of events, Bino Olivi clearly illustrates their true meaning. The great debate on the future of Europe has been launched today with the arrival on the scene of new large-scale projects that will radically alter its future, namely the physical introduction of the single currency, the changing borders expected with the arrival of the next Member States and the gradual formation of a European area of freedom, security and justice and the first steps in the process of a Europe of defence… The success of this "Awkward Europe" book in academia can be explained by the fact that, to echo Jacques Delors' definition, the new Olivi is both a reference book (given the very detailed and yet lively way it runs through the history of the European project) and a work tool (given the attached documentation - the chronology, the composition of the various Commissions and the Presidencies of the European Parliament, the index of people mentioned and the essential bibliography). Invaluable for students, the volume is just as useful for what used to be called "people of breeding" who would like to have a clear, readable essay to dip into (this volume is well written which is more than one can say about many other volumes of its ilk) that is also a well-designed and user-friendly work tool. (FR)
*** ARIANNA VEDASCHI: Istituzioni europee e tecnica legislativa. Giuffré Editore (40 via Busto Arzisio, 20151 Milan. Tel: (39-02) 38089290 - Fax: 38009582 - Internet: http: //http://www.giuffre.it ). "L'Italia e la vita giuridica internazionale" series. 2001, 258 pp, 18 euros. ISBN 88-14-09401-2.
Italian lawyers are ever more confronted with the need to consult legislative text that is hard to found and often scattered across several volumes that are only accessible to specialists. For this reason, Arianna Vedaschi decided to fill the gap. In the first part of the book, she describes the different forms and phases the European decision-making process hinges upon, with the aim of highlighting the vital elements for "drafting" law. The author then looks at the modalities and timetable for the Community institutions' assessment of the issue of the quality in terms of standards of assent, consultation and the consultation, co-operation and codecision procedures. The second part looks as formal aspects of the legislative procedure, paying particular attention to consolidated instruments for monitoring the drafting process, including the problems of translation and using more than one language. Arianna Vedaschi sums up by placing the spotlight on the huge interest taken in legislative techniques by the European institutions from the October 1992 European Council in Birmingham until the Stockholm Summit in March 2001. (CB)
*** Documents. Revue des questions allemandes. Bureau international de liaison et de documentation (50 rue de Laborde, F-75008 Paris. Tel: (33-1) 43879042 - Fax: 42935094 - E-mail: bild.documents@wanadoo.fr). October-November 2001, No. 4, 128 pp, 9.15 euros (France), 10 euros (elsewhere). Subscription: 35 euros (France), 39 euros (elsewhere).
The final issue of this review for the year 2001 first looks at the significance as far as Germany is concerned of the 11 September terrorist attacks and the way that Germany serves as a launchpad for Islamic terror with the presence of millions of Turks and Arabs in the country. There are two articles on European construction - one by Jürgen Habermas (Why does Europe need a Constitution?) and another by Jacques Delors on Helmut Kohl and the European project. Alfred Frisch provides an essay entitled, More Europe and less Franco-German co-operation?. (CB)
*** GUY ISAAC, MARC BLANQUET: Droit communautaire général. Dalloz (31-35, rue Froidevaux, F-75685 Paris. Internet: http://www.dalloz.fr. - Distribution: Patrimoine, 168 rue du Noyer, B-1030 Brussels. Tel/Fax: (32-2) 7366847). 2001, 388 pp. ISBN 2-247-04389-5.
After an introductory chapter on how the Communities were set up and how they have developed over time, the authors devote nearly half the book - which is now in its eighth edition and now includes the decisions of the Nice European Council - to the institutional system of the European Communities. This section is divided into four chapters looking at the institutional structure, statutes and powers, the ways the Communities can act and the Communities' external relations. The second part considers the Communities' legal system, the sources of Community law and how it is implemented and the features characterising its implementation. The third and final part looks at the Communities' judicial system, with the authors starting by describing the general outline and Community jurisdiction before moving on to consider direct appeals and judicial cooperation. (AD)
*** GERARD DRUESNE: Droit de l'Union européenne et politiques communautaires. Presses universitaires de France (6 av. Reille, F-75014 Paris. Internet: http://www.puf.com ). "Droit fondamental" series. 2001, 615 pp, 198 FF. ISBN 2-13-052092-8.
In this book, now in its sixth updated edition, the author first looks at the legal system in the Community's internal market, outlining the various freedoms of circulation. Director General of the Maastricht European Institute of Public Administration, the author Gérard Druesne then goes on to analyse the competition rules through the prism of the regulations applying to business, aid granted by nation states and national public monopolies. The first part of the book is brought to a close with an article on harmonising national legislation. Gérard Druesne then provides a 160-page long descriptive study of the European Community's policies. (AD)
*** FRANCESCO SCIAUDONE (Ed.): Codice del diritto comunitario commerciale e degli affari. Atti comunitari e nazionali in materia di assicurazioni, audiovisivo, borsa, consumatori, fiscalità, proprietà intellettuale, società. Il Sole 24 Ore (11 via Castellanza, I-20151 Milan. Tel: (39-02) 30223323). Collection "I codici di guida al diritto". 2001, 2.098 pp, 41.32 euros. ISBN 88-324-4125-X.
These thematic code of law is designed for lawyers and professionals working in the field of Community law covering commerce and business. Subdivided into four parts, this voluminous book first looks at the relevant texts in European legislation and how they have been transposed into Italian law, and then considers Commission interpretations and Communications in this connection, finally looking at selected areas of rulings from the European Court of Justice. Tables explaining the functioning of the Court of Justice and the modalities of the complaint and appeals procedures are provided, together with a chronological index of legislation, to round off this very detailed legal text. (PB)
*** ANNETTE WIEVIORKA: Participation du Conseil économique et social au débat national sur l'avenir de l'Union européenne. Editions des journaux officiels (26 rue Desaix, F-75727 Paris cedex 15. Fax: (33-1) 45791784 - Internet: http://www.journal-officiel.gouv.fr ). 2001,41 pp, 3.99 euros. ISBN 2-11-092502-7.
The French Economic and Social Council makes a contribution through this Opinion to the work of the Convention, with its comments aiming to relegitimise the European project by genuinely getting citizens involved in the French reflection and opinion-forming process. (MT)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg) has published the following documents:
*** RDT Info. DG Research (Fax: 2958220 - E-mail: research@cec.eu.int - Internet: europa.eu.int/comm/research). March 2002, 16 pp. Free subscription.
This special edition of the European research magazine is given over to the Eurobarometer survey on Europeans, science and technology. It includes an interview with Daniel Boy, Research Director at the Maison des Sciences de l'Homme in Paris, who analyses the responses given to the questions asked in the survey; areas of knowledge or a panorama of European's access to science; science and young people; the role of scientists and how they are controlled; allying knowledge and power, responsibility and freedom for researchers; ethics; and GMOs, where Europeans are extremely concerned about the spread of GMOs which they do not see as being necessary; and national sensitivities.
*** Construire l'Europe des peuples. DG Culture. 2002, 23 pp. ISBN 92-894-3059-1.
Breaking new grounds in the European integration process that was begun with the setting up of the European Communities would allow ever greater links to be made between the peoples of Europe, according to this publication, a Europe of the peoples that also works on the cultural level. This brochure looks at the "community of cultures" in terms of initiatives such as promoting creation (strengthening copyright, protecting nomadic artists, etc), protecting and enhancing heritage, solving problems created by e-commerce, and making the European Union more visible across the world.
*** Eurinfo. Représentation en Belgique de la Commission européenne (73 rue Archimède, B-1000 Brussels. Tel: (32-2) 2953844 - Fax: 2950166 - E-mail: represent-bel@cec.eu.int - Internet: http: //europa.eu.int/comm/represent/be ). February 2002, No. 262. 19 pp.
The main topic of this issue is the EU and research, with a major article on research into health matters. Other issues covered look at the Belgian Presidency keeping up the pressure, sacking pregnant women being discriminatory, e-government as a label for better online services and why cod is so expensive.
*** Actualité des Industries de réseau en Europe. ASPE Europe (36 rue de Laborde, F-75008 Paris. Fax: (33-1) 43876891 - E-mail: aspe@club-internet.fr). March 2002, No 1, 15 pp. Subscription: 490 euros.
The first issue of this new monthly publication replacing "La Lettre des entreprises européennes de réseau " draws attention to the fact that according to Baudouin Velge of the Belgian Business Federation closing down Belgian nuclear power stations is an unrealistic and irresponsible idea. Other issues covered - a debate on consolidation and the future of airlines; the newly emerging regulatory framework for postal services, the gas industry in Europe (which will do well as long as a single market rapidly emerges), a single French digital land TV provider, electricity lines coming to the aid of digital fragmentation and the proposal to liberalise passenger transport continues its tortuous path.
*** Resolutions and statements of the Security Council 2001. United Nations (Department of Public Information - One UN Plaza, New York. Internet: http: //http://www.un.org/news ). January 2002. 141pp.
This volume reproduces the United Nations Security Council Resolutions issued in 2001, the speeches made by the head of the Council in the same year, the list of Council Members and a list of peace-keeping operations in 2001.
Reviews in brief
*** EuropeInfos. COMECE and OCIPE. March 2002, No 36. Brussels Equal treatment or Equity? is the question posed on the first page of this edition of the publication by the Commission of the Bishops' Conferences of the of the European Community and the Catholic European Study and Information Centre . It notes that voices are getting louder in the dispute between the Commission and candidate countries over aid for farmers and also looks at the Convention. *** La lettre d'information. Ministère de la Culture. February 2002, Paris. This special issue describes the three-day festival to help people discover the circus.