*** WENCESLAS DE LOBKOWICZ: L'Europe et la sécurité intérieure. Une élaboration par étapes. La Documentation française (29 quai Voltaire, F-75007 Paris. Internet: http://www.ladocfrancaise.gouv.fr ). "Les études de la documentation française" series. 2002, 246 pp, 19 euros. ISBN 2-11-004983-9.
The Seville European Council has just proved (if anyone still needed proof) that internal security has become a full component of the European project. The Director General of Justice and Home Affairs at the European Commission, Adrian Fortescue, points out that no contemporary politician can approach the issue of the future of Europe without making internal security a priority. This is true. The epoch of the three pioneers is long behind us, the three pioneers being the signatory of the preface, the author who worked with him for twelve years and their secretary, who launched themselves into the "internal security adventure", considered at the beginning as too insignificant to justify any more than an occasional glance by the Commission.
In reality, explains Wenceslas de Lobkowicz, this rise in power was neither desired nor plotted by activists in the European project. It was the result of a need that Member States have gradually become aware of. This book traces, step by step, the story of this issue that is now unavoidable and which after being the Cinderella of the Community, has been reborn with less publicity and ostentation than, for example, the common foreign and security policy and its potential extensions in the field of defence, but which has taken shape at record speed taking a different path from the other components of the developing European project. The book by Adrian Fortescue's accomplice fleshes out this idea by the former. At the beginning there was no political will to be act in this direction, simply a growing reluctant awareness by Member States (some more than others) that they could no longer limit themselves to a purely national approach to internal security or they would run the risk of failure. Whence internal security at the European level has been imposed in the form of an upside-down pyramid. First of all, there was co-operation limited as far as possible and outside any institutional framework - the Trevi group - to deal in the 1970s with the requirements of the fight against terrorism (essentially Italian and German terrorism at the time), and then partial institutionalisation within a legal framework - the 1992 Maastricht Treaty - that attempted to reconcile the divergent aspirations of Member States by providing more effective legal means than in standard international public law without recourse to Community law (hence the famous third pillar) and finally the Amsterdam Treaty, strengthened in this sense at least by the Nice Treaty, which gave rise to a coherent political concept based on the three ideas of freedom, security and justice, which was rendered possible by acceptance of the political price to be paid, namely the formation of a Europe of variable geometry, despite the fact that one had wanted to avoid this.
This highly prudent approach very clearly reflects among Member States (some more than others and some in a more sustained fashion than others) a "self-protection" reflex since it is true that the duty of a state of law is to assure the safety of its citizens living in its territory, but without challenging this principle, the European project has led to consideration about its intangibility through the gradual scrapping of borders. The rise in crime and the gradual internationalisation of crime has also contributed, in a negative fashion, to this gradual rise in concern that through four Treaties in the space of a decade (which helped contribute to the impression of institutional insecurity) has led to a return (on the initiative of heads of state) to the method that underlies the European project - a clear political objective based on the interest of the European citizen, implemented by legal means based on the principles of the rule of law. This is a serious tome, remarkably explained by a man who was one of the actors, no doubt remaining modest but passionate about his subject and therefore of keen interest.
Michel Theys
*** JEAN-MARIE BOCKEL: L'immigration clandestine: approche européenne et réponses nationales. 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 3683. 2002, 50 p., EUR 3.50. ISBN 2-11-115022-3.
This report by a French MP examines the issue of illegal immigration and draws on the evidence available on the subject. The phenomenon is intensifying and becoming more global, which can largely be explained by economic and demographic differences. Schengen and the free movement of persons have changed the nature of the issue and made it more European. Jean-Marie Bockel explores Union responses in the wake of the Treaty of Amsterdam and the European Council of Tampere, and the broadly unified approach remains tempered by the "sometimes divergent national responses" to the extent that the author asks whether national initiatives constitute a "break on harmonisation" and "encouragement to illegal immigrants". He puts forwards a number of suggestions that could help to control immigration flows within a clear legal framework. According to the author, any attempt to avoid going through the proper channels should be combated but in the knowledge that as ever, "the doctrine of zero immigration is unrealistic". (MT)
*** ENID WISTRICH: Immigration, Migrants and Citizenship in Europe. The Federal Trust for education and research (Dean Bradley House, 52 Horseferry Road, London SW1P 2AF. Tel.: (44- 020) 7799 2818 - fax: 7799 2820 - Email: info@fedtrust.co.uk - Internet: http: //http://www.fedtrust.co.uk ). "European Essay" series, No. 19. 2001, 23 pp., £.5 ISBN 1-903403-44-8.
European integration means that the immigration issue is no longer viewed simply through a national perspective but through that of the Community. It follows that the notion of citizenship and nationality is subject to subsequent modifications. In this paper, Enid Wistrich puts forwards a number of suggestions that could be acted upon in the near future and calls on the collective imagination to take them into account, such as that of a Europe, which is not purely economic but social and cultural too. (AD)
*** PIERRE BRANA: Pour une Europe de sécurité et de justice. Délégation pour l'Union européenne de l'Assemblée nationale (see address attached) "Les documents d'information de l'Assemblée nationale" series, No 3609. 2002, 47 pp ,EUR 3.50 ISBN 2-11-115136-X.
This document put together by the Délégation pour l'Union européenne de l'Assemblée nationale française focuses on the relations between Europol and Eurojust. Although this relationship constitutes the " institutional institutionalisation of a desire for improved police and legal co-operation, the two institutions are neither identical, nor parallel", explains a French MP. A brief examination of their origins and fundamental structures is provided in the first part of the report. "The necessary convergence for Europol and Eurojust actions" tackled in the second part. The last part of the report, entitled "From controlled co-operation to the harmonisation of a prosecution service", builds the bridges of the future and envisages the creation of a European Prosecutor's office within the framework of "democratic control of Europol activities".
(AD)
*** ALAIN BARRAU: L'Union européenne face au terrorisme. Délégation pour l'Union européenne de l'Assemblée nationale (see address attached). Series "Les documents d'information de l'Assemblée nationale", No. 3332. 2001, 33 pp, EUR 3.05. ISBN 2-11-109446-3.
The crisis that unfolded following the unprecedented attacks of 11 September was a turning point in the Union's ability to react "rapidly, globally and unanimously" to external events that cannot go unanswered. Re-examining in the annex, the Conclusions of the Action Plan adopted by the European Council of 21 September, this report - which was initially in the form of a communication presented by Alain Barrau to the European Delegation for which he is President - analyses the main measures implemented by Member States after the attacks. Alain Barrau adds a number of proposals to them for strengthening and consolidating the European response to terrorist threats. He makes the point of explaining that, "if the priority of the war against terrorism is not to not allow the Union to be send off course (…) from its other fundamental projects for European construction, the crisis created by 11 September has undeniably given a new boost to the irreversible process of European unification, enlargement and consolidation". (MT)
*** GILLES DE KERCHOVE, ANNE WEYEMBERGH (Editors): La reconnaissance mutuelle des décisions judiciaires pénales dans l'Union européenne. Université de Bruxelles publications (26 av. Paul Héger, B-1000 Brussels. Tel.: (32-2) 6503799 - fax: 6503794 - E-mail: editions@admin.ulb.ac.be - Interne: http: //http://www.editions-universite-bruxelles.be ). "Etudes européennes" series. 2001, 255 pp., EUR 25.30. ISBN 2-8004-1264-X.
The preface is written by Koen Lenaerts, judge at the court of first instance and Lecturer in European law (Leuven), the introduction by Minister for Justice Marc Verwilghen and the postscript by Giuseppe di Lello Finuoli, rapporteur and Member of the Citizens' Freedoms and Rights and Justice and Home Affairs Committees at the European Parliament. The book superbly clarifies the problems involved in the mutual recognition of legal rulings within the Union. It results from a seminar organised with the financial support of the Grotius programme, for which the Institute of European Studies at the Free University of Brussels and Ministry of Justice in Belgium arranged in March 2001. Experts from different Member States, as well as European and national civil servants, academics and scientists attended this event to discuss the creation of a European legal area and assess to what extent the process initiated by the European Council of Tampere had advanced. After Anne Weyembergh, researcher at the Institute of European Studies at the ULB (who co-ordinated the book with Gilles de Kerkhove, Director at the Council's General Secretariat), puts the issue of mutual recognition recognition into perspective, the reader is able to find a lucid analysis of the impact of mutual recognition in double incrimination and the principle of territoriality. Two aspects of mutual recognition are then analysed in more detail - the enactment of foreign pre-sentencing legal decisions and the effect of carrying out of foreign rulings. In this context, certain contributors focus their observations on the initial concrete projects currently being negotiated and explore the difficulties arising from them. Other contributors expand the boundaries of the debate and provide a more general overview. Other questions tackled include the future of the extradition process in the Union and the relationship with mutual recognition via Corpus juris. This is definitely a very comprehensive book and concludes with a study of other experiences that could serve as a source of inspiration in this new field, such as civil land commercial law in Scandinavian and countries and Switzerland. (MT)
*** JEAN-CLAUDE GAUTRON: Droit européen. Dalloz (31-35 rue Froidevaux, F-75685 Paris. Internet: http: //http://www.dalloz.fr - Distributio: Patrimoine, 168 rue du Noyer, B-1030 Brussels. Tel./fax: (32-2) 7366847). Collection "Mémentos". 2002, 406 p., EUR 19.35. ISBN 2-247-04351-8.
This publication (in its tenth edition) not only aims to "place the Communities and the European Union in the developing context of the systems and regulations of the different legal frameworks", by highlighting their mutual relations but also "to illustrate institutional law and more particularly, material law". The first part explores the institutional and legal environment of the Communities and the European Union. The organisations responsible for security, as well as the European system for defending human rights and economic and scientific co-operation in Europe also explored in this section. This part of the journal concludes with a historiography of Central and Eastern Europe. In the second part, the author tackles the subject of "the European Communities within the European Union". After providing a general synopsis, he illustrates the Community institutional and legal system. (AD)
*** DENYS SIMON: Le système juridique communautaire. Presses universitaires de France (6 av. Reille, F-75014 Paris. Internet: http: //http://www.puf.com ). "Droit fondamental" series. 2001, 779 p., EUR 35 . ISBN 2-13-052378-1.
Denys Simon is a lecturer at the Robert Schuman University in Strasbourg and the College of Europe in Bruges. In this book (of which this is the third edition), she seeks to reveal the main guidelines and explanations that go beyond a simple exploration of positive law and instead, expose the internal logic of the legal set up, which is at the same time, both original and complex. The goal of this work is not to provide a complete presentation of the institutions and mechanisms that characterise the construction of a European legal system in Europe. There is a preliminary chapter on the historic, economic and structural dimensions of European integration, which acts as an introduction to the book. The author then analyses the Community systems in three areas: Constitutional, standardisation and disputes. In the first part of the book, Denys Simon illustrates the constitutional basis to Community law and its effects and then explores the "Constitutional Community structure". She then examines the functional collaboration of the different powers. The second part of the book seeks to expose the different sources of Community law, its main and secondary non-written ramifications. The third and final part focuses on the control procedures of the institutions and Member States. Jurisdictional co-operation is then looked at, by way of a study of prejudicial procedures. A graph of different systems of jurisprudence is added by the author to conclude her book. (AD)
*** La COMMISSION EUROPEENNE (Official publications office of the European Communities, L-2985, Luxembourg) has published the following document:
*** Cordis focus. DG Entreprise (Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - Internet: http://www.cordis.lu/news ). 17 June 2002, No 199, 27 p..
E-Europe could provide a helping hand for candidate countries' integration and help them to catch up with current Member States - this is the premise defended by Bulgarian Vice Prime Minister, Nicolai Vasiliev. Other subjects tackled in this issue: Eurlab, the European research constancy, is going to submit a document to the Convention emphasising the importance of research; the Commission has adopted a new action plan aiming to obtain the participation of all European citizens in the information society; sustainable development in transport could enhance the quality of life; the Director General of DG Research, Achilleas Mithos calls on Heads of State and Governments to include European space industry in the Treaties.
*** Cordis Focus. RTD Results. DG Enterprise (see address attached). May 2002, 44 p..
Technological opportunities in today's world bring us hope and are full of surprises. These are the conclusions of some of the examples in this report: curing sensory deficits following accidents; making buildings more green by changing the building industry and encouraging it to use energy more efficiently and alternative energies; regional level predictions for European space industry aid; mobile telephones that pay…for parking.
*** Liaisons sociales Europe. Groupe Liaisons (1 av. Edouard-Belin, F-92500 Rueil-Malmaison. Tel.: (33-825) 825371 - fax: (33-1) 41299668 - Internet: http://www.ls-europe.com ). 30 May- 12 June 2002, No 57, 7p., EUR 25.
"Social partners' emancipation thanks to tele-working", this magazine explains that an inter-professional agreement is going to be concluded for the first time, without the Commission having to resort to threat of imposing legislation. Other subjects dealt with include: social actors having to anticipate change; European courts expand rights for individuals; threats of fines for not transposing insurance directives to insurance companies in France; the signing of the Acelor Agreement for a European Enterprise Committee.
*** Dokumente. Zeitschrift für den deutsch-französischen Dialog (4 Auf dem Esch D-33506 Bielefeld. Tel.: (39-521) 9110111 - fax: 9110119 - E-mail: service@wbv.de - Internet: http://www.wbv.de ). June 2002, 96 p., EUR 3.57.
"Shocks as opportunities", "The rebirth of a policy: Workers in France and globalisation", "A step backwards in European policy?", "What are national interest today?", "The A400M, the biggest European arms project", "The Weimar Triangle" etc. These are some of the articles featuring in this issue.
*** SüdostEuropa. Mitteilungen. Südosteuropa-Gesellschaft (49 Widenmayerstrasse, D-80538 München. Tel.: (39-89) 2121540 - fax: 2289469 - E-mail: SüdostEuropa-gesellschaft@t-online.de - Internet: http://www.S üdostEuropa-gesellschaft.com). 2002, n° 2, 151 p. Annual subscription: EUR 50.
This publication focuses on the future of south-east Europe, the challenges to German foreign policy in this region, Serbia and its neighbours, the Institute of Public Administration in Kosovo, Cyprus' accession to the Union.
*** La Lettre Fédération internationale des ligues des droits de l'Homme (17 Passage de la Main d'or, F-75011 Paris. Tel.: (33-1) 43552518 - fax: 43551880 - E-mail: fidh@fidh.org - E-mail: http: //http://www.fidh.org ). May 2002, n° 56, 19 p.. Annual subscription: EUR 45 .
To summarise, these articles focus on the elections in France and the situation in Pakistan, Moldavia ("arrests, disappearances, arbitrary detentions") and Israel.
Reviews in brief
*** Flanders. June-July- August 2002, No. 34, Brussels. In this edition, "Get your MBA in Flanders", "Bruges 2002 cultural capital of Europe", "700 years after the battle of Esperons d'or", "Flanders and Quebec strengthen their ties" etc.