*** OLIVIER DE SCHUTTER: Discriminations et marché du travail. Liberté et égalité dans les rapports d'emploi. Presses Interuniversitaires Européennes - Peter Lang (Brussels. E-mail: info@peterlang.com - Internet: http: //http://www.peterlang.net ). "Travail et société" series, No 28. 2001, 234 pp. ISBN 90-5201-941-X
The social dimension of European integration is constantly changing and has changed form as the European Union has taken shape. Since the Maastricht Treaty in 1992, two features have dominated the social policy defended by the European Union. The redefinition of a social policy taking as its starting point employment policy; and reflection on both social affairs and productivity. In other words, social issues are no longer considered independently of economic issues and social affairs have their raison d'être in improving productivity and are expected to contribute positively to productivity. It is no longer a case, therefore, of criticising the current economic set-up, but of making a functional analysis of what social affairs contribute. In this situation, law reveals the limits of its powers since it has has failed to turn the new standards into reality (equal opportunities, health and safety in the workplace). So what happens is that a new method comes about in which flexibility in standards is linked to a social dynamic of the agents responsible for implementing it through indicators, benchmarking, peer control and the political and ethical commitments of stakeholders such as governments, companies and trade unions.
The adoption of the two directives on discrimination (based on Article 13 of the Treaty of the Union) is part of this dynamic. Reader at the Université catholique de Louvain, Olivier De Schutter analyses them in depth, highlighting their connections with the dynamic but also pointing out areas where they have their own logic. We are shown that non-discrimination is not a fundamental right in employment guidelines. It is more like a tool for the use of a high-performance economy. That said, as the author is at pains to display, it would be oversimplifying to consider discrimination from a purely economic aspect. In other words, it is not enough to leave it to market mechanisms to punish discriminatory behaviour since without any economic justification they would be ineffective and destined to disappear under the pressure of competition. In the first chapter, Olivier De Schutter looks at equality in the marketplace. After a short description of the two basic directives covering discrimination, he takes a more analytical angle to consider the broken link between combating discrimination and the internal market, how the costs of professional integration are broken down between the collective and individual economic stakeholders and what he terms "the direct discrimination temptation". The two following chapters focus on outlawing both direct and indirect discrimination, while the fourth chapter looks at positive discrimination and the fifth considers two specific common forms of discrimination - ageism and discrimination against the disabled.
In the conclusion, the author takes a look at possible future developments. He sees combating discrimination as requiring a criticism of the dogma of contractual liberty, a leftover from a bygone age, when the employment relationship was a private affair between both parties and the world of work was the employer's private domain. As Philippe Pochet, Director of the European Audiovisual Observatory, points out in the preface, the path the author sets out for us goes far beyond a study of recent developments in Community law, asserting that these changes are simply a pretext through which to consider fundamental questions in the quest to comprehend our situation.
Alain Dremière
*** SEAN VAN RAEPENBUSCH: La sécurité sociale des travailleurs européens. Principes directeurs et grands arrêts de la Cour de justice des Communautés européennes. De Boeck Université (Diffusion: Accès+, 4 Fond Jean-Pâques, B-1348 Louvain-la-Neuve. Tel: (32-10) 482500 - Fax: 482519 - E-mail: acces+@deboeck.be). "Bibliothèque de droit social" series. 2001, 200 pp. ISBN 2-8041-3809-7.
Millions of people these days move around EU Member States to work, study, visit or live out their pension years in the sun. But what happens to their social security, whether in terms of family allowances, calculating old age pensions or invalidity allowances if they have lived in several Member States, or for that matter their unemployment benefits or sick pay? National legislation in this area is "complex, esoteric and shifting" enough as it is, but what happens when it has to be applied across the border? This book by a specialist who is also a legal secretary at the Court of Justice (seconded to the Commission's Legal Service) looks at EU legislation aiming to provide full and continuous social protection to people who have decided to exercise their right of free circulation and establishment. The author looks at the problems these people face and outlines solutions in the light of Luxembourg case law, which is very comprehensive in this area. A summary bibliography, alphabetical index and list of Court of Justice rulings round off the book.
(LD)
*** MAXIMILIAN FUCHS, FRANZ MARHOLD: Europäisches Arbeitsrecht. Springerverlag (4-6 Sachsenplatz, P. O. Box 89. Fax: (43-1) 3302426 - E-mail: books@springer.at - Internet: http://www.springer.at ). "Springers Kurzlehrbücher der Rechtswissenschaft" series. 2001, 231 pp. ISBN 3-211-83648-9.
Maximilian Fuchs, Professor at the Institute of Civil, Labour and Social Law of the Catholic University of Eichstaett (Ingolstadt) in Germany, and Franz Marhold, Professor at the Institute of Civil, Labour and Social Law of Graz University in Austria, have prepared this inventory of current and forthcoming European labour law. They also outline the legal and economic foundations that have led to developments in this area, giving European Court of Justice case law pride of place since it has played a large part in defining modern European labour law. Readers will find detailed presentations of the most significant Court of Justice rulings, outlining the case history and the Explanatory Statements.
(CB)
*** JON ERIK DOLVIK (Ed.): At your service. Comparative Perspectives on Employment and Labour Relations in the European Private Sector Services. P.I.E - Peter Lang (see above). "Work and society" series, No 27. 2001, 556 pp. ISBN 90-5201-940-1
The expansion of the private sector is often presented as an effective way of combating unemployment and the whole gamut of different types of social exclusion it gives rise to. At the same time, the private sector has also been associated with a downgrading of social relations at work and greater job insecurity. The book attempts to illustrate the extremely diverse range of scenarios in private sector Europe, carrying out a detailed analysis of the private sector in Germany, the UK, the Netherlands, Denmark, Ireland, Austria, Italy, France, Sweden, Finland and Norway. The book has three aims. First, to give a general overview of major trends in various parts of the private sector in each country surveyed. Then to place the private sector in the various countries against the backdrop of the economic, financial and institutional framework and finally to outline areas of convergence and divergence between the countries studied. The contributors use vertical analyses before making a horizontal comparison between each of the eleven countries covered. The conclusion considers the impact of the post-industrial period on the relationship between employment and work.
(AD)
*** Europa: Novas Fronteiras. A Estratégia de Lisboa. Centrà de Informaçao Jacques Delors (Rua Bartolomeu Dias, 1400-026 Lisbon. Tel: (351-21) 3652500 - Fax: 3652509 - E-mail: cijd@cijdelors.pt). June-December 2001, No 9/10, 200 pp, 11.97 euros. Annual subscription: 22.45 euros.
This issue of the review published by the Jacques Delors Information Centre deals exclusively with the European economic and social development strategy launched in Lisbon and includes essays in Portugal, French and English by prestigious figures like the former Portuguese prime minister Guterres, and President Prodi, along with Jacques Delors, Frank Vandenbroucke, Philippe Busquin and others.
(MT)
*** CLAUDE FICHER (Ed.): Pour une identité européenne d'entreprise. Confrontations pour une démocratie participative européenne (41 rue Emile Zola, F-93107 Montreuil. Tel: (33-1) 49881194 - Fax: 49881184 - E-mail: confrontations-wanadoo.fr - Internet: http://www.confrontations.org ). "L'Option de Confrontations" series, No. 14. 2001, 104 pp, 6.62 euros.
With a preface by Jean Gandois, this issue of the publication of the European network headed by Philippe Herzog MEP outlines ideas that could lead to a European company identity being formed, necessarily involving staff and other civil society stakeholders.
(MT)
*** La revue. Special issue of the Lettre des entreprises européennes de réseaux. ASPE Europe (36 rue Laborde, F-75008 Paris, Tel: (33-1) 43876014 - Fax: 43876891 - E-mail: aspe@club-internet.fr). December 2001, 45 euros.
This special issue looks at services of general interest and how they are funded. The first section is made up of three largely descriptive essays on services of general interest, the three Belgian Presidency workshops; striking a fair balance between local-regional and national-European powers; and services of general economic interest in the EU. The second section attempts to determine whether we are moving towards hybrid funding. The issue is explored in two essays, one on the funding of public service obligations in services of general economic interest, and the other on delegation of management in private-public partnerships. The third section is a case study of the funding of universal service in telecommunications, while the last section looks at European energy and transport networks and the funding of public investment in transport.
(AD)
*** Valuing our mutuality. Association of European Cooperative and Mutual Insurers (Box 21, Cheshire WA14 4PD, UK. Tel: (44-161) 9295090 - Fax: 929 4001 - E-mail: acme@icmif.org). 2001, 112 pp, 350 euros.
This publication is divided into four sections. The first compares information on mutual funds' markets and financial performance; the second explains the specific nature of cooperative insurers compared with standard insurers; the third looks at the legal framework governing the choice of an insurance company; and the fourth focuses on the modern phenomenon of demutualisation.
(AD)
*** LARS MAGNUSSON, BO STRÅTH (Ed.): From the Werner Plan to the EMU. In Search of a Political Economy for Europe. Peter Lang and Presses Interuniversitaires Européennes (see above). "Work & Society", No 28. 2001, 490 pp. ISBN 90-5201-948-7.
The ramifications and conditions of economic policy in the EU examined from a rather historical viewpoint are the theme of this collection of academic articles by fifteen or so researchers from a range of countries and disciplines. Starting with the Werner Plan, the historical and political steps towards Economic and Monetary Union are traced out. The fifteen essays are divided into four sections looking at economic and policy ideas, financial institutions and economic theory, social practices and legal ramifications and prospects for the future. The book is the result of research co-operation between the Swedish Saltsa programme and the European University Institute of Florence.
(PB)
*** ROGER DIPPEL, GERMAINE KLEIN, ELKE NASS TØNNESSEN, HENNING SCHOPPMANN (Ed.): Kreditwirtschaftlich wichtige Vorhaben der EU. Bundesverband öffentlicher Banken Deutschlands (VÖB Service GmbH, Godesberger Allee 88, D-53175 Bonn. Tel: (49-228) 8192-119 - Fax: 8192-234 - E-mail: verlag@voeb.de - Internet: http: //http://www.voeb.de ). 2001, 281 pp. (incl. CD-ROM). ISBN 3-927466-69-7.
Since 1988, Germany's public banking association has published an annual report on European political issues of importance to the banking and finance sectors. The book is very well structured and gives clear and detailed information on around 100 European directives, regulations and recommendations on banking law, legislation covering the bourses, trade, companies, capital and other financial areas. The issues are covered in a standard way with an assessment of EU activity as seen by Germany public banks. A very useful table gives a summary of the European legislative horizon covered runs throughout the book, the high quality and reliability of which are outstanding. It is accompanied by a CD-ROM of the full book along with relevant regulations and directives.
(PB)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg) has published the following document:
*** European Union and Nature Protection. DG Environment (Information Centre. Fax: (32-2) 2996198 - E-mail: ENV-PUBS@cec.eu.int). 2002, 22 pp. ISBN 92-894-1407-3.
After nearly 30 years, the Union's policy is now giving protection of our natural heritage ever greater pride of place. Enormous challenges remain, however. Numerous species are in rapid decline with half of all mammal species and a third of reptile, bird and fish species being endangered, not to mention plant species. This brochure outlines international and Community instruments for protecting nature, along with the EU's aims and recommendations for the future - respecting pledges, drawing up viable partnerships and better communication to create greater levels of understanding of the principles of Natura 2000.
*** Children's health and environment: a review of evidence. European Environment Agency (6 Kongens Nytorv, 1050 Copenhagen K. Tel: (45-33) 367100 - Fax: 367199 - E-mail: eea@eea.eu.int - Internet: http: //http://www.eea.eu.int ) and World Health Organization (Regional Office for Europe, 10 via F. Crispi, I-00187 Rome. Tel: (39-06) 487751 - Fax: 4877599 - E-mail: ecehr@who.it - Internet: http: //http://www.euro.who.int ). 2002, No. 29, 223 pp, 19 euros. ISBN 92-9167-412-5.
Analysing children's health is a vital measure for both human and economic development since children's health has to be protected from environmental dangers, explains Dr Marc Danzon, Regional Director for Europe at the World Health Organisation. He adds that this combined WHO and European Environment Agency publication shows that governments and European institutions can work together to protect children from environmental dangers. In a world where 40% of the causes of disease - of which the victims are mainly children under 5 - can be attributed to environmental factors, it is time for action. Because it's a matter of human survival, no less.
*** Kangaroo Group Newsletter. Kangaroo Group (Tel: (32-2) 5410330 - Fax: 5384980 - E-mail: info@kangaroogroup.org - Internet: http: //http://www.kangaroo.org ). April 2002, No. 30, 15 pp.
In the contents: Hans Udo Bullmann gives a report of the Barcelona Summit; Pat Cox talks about a new impulse for economic reform; Henning Klaus looks at the impact of enlargement on the internal market; Georgios Zavvos provides a dossier on regulating real estate; Scott-Wilson asks who wags the dog and there are other articles on the Green Paper on European consumer policy and postal liberalisation.
*** Liaisons sociales Europe. Groupe Liaisons (1 av. Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-1) 41299991 - Fax: 41299670 - Internet: http://www.liaisons-sociales ). March-April 2002, No. 53, 7pp, 25 euros. Subscription: 506 euros.
The lessons of bad practice in restructuring is the general theme of this issue that also looks at European case law for paid or unpaid cross-border work, the transposition of the company relocation directive in Luxembourg and also the directive on worker information and consultation and the European social dialogue on life-long training.
Reviews in brief
*** Global Ecovillage Network Europe News. January 2002. Ventimiglia. This publication from the global Ecovillage network provides information about its new initiatives on reworking the earth, the Findhord conference and the creation of an ecovillage in Poland… *** Amsterdam, The Newsletter. No 7, April 2002, Amsterdam. Current events in Amsterdam (this newsletter is written in French) such as the city fathers in the era of the internet, the Delta, broadband access for all, Amsterdam imitating Aix-la-Chapelle (Aachen) and budget hotels…). *** Benelux Newsletter. No 2, 2002, Brussels. The Benelux Justice and Home Affairs Ministers have pledged to step up cross border police cooperation… *** Courrier économique et financier. No 3, 2002 This Belgian banking newsletter looks at maturing company bonds in a rising market in the second half of the 1990s which has changed significantly, and indexed bonds.