*** Revue du droit de l'Union européenne. Editions Clément Juglar 62 av. de Suffren, F-75015 Paris. Tel.: (33-1) 45675806 - fax: 45665070). 2002, n° 1, 196 p., 45 euros. Subsciption: 190 euros.
The latest issue of the review edited by Alfonso Mattera, Vice Director General at the Commission bears an innovative characteristic. Indeed, the « technical » texts, which are the trademark of this review, are preceded by an article by the Director himself, which traces, in twenty-odd pages, the history of European construction, from its beginning to the birth of the European Economic Community. At first glance, this is a suprising initiative, as this magazine is destined to supposedly well-informed people, who should be well acquainted with this history. In effect, things are quite different: several factors (including the expiry of the first European treaty, the ECSC) have shown the degree to which the ideas of Europe's Founding Fathers, those generous and brave personalities who changed the history of the world, are either not known or misunderstood. I shall never tire of quoting the definition of the « Laeken Declaration », ratified by fifteen heads of State or government: « In the beginning, it was foremost an economic and technical cooperation »... Alfonso Mattera quotes, in his foreword, a phrase by former German Chancellor Helmut Schmidt: «These new arrivals sometimes make me smile as, discovering the history of European integration, they realise what a story of courage and vision it is and imagine themselves reinventing everything and finding remedies for the errors of their predecessors ».
Alfonso Mattera briefly sums up the mythology behind Europe, not forgetting the active part that Jupiter played and what Herodotus, Hesiod and Ovid said about it, moving on to the history of Rome, Charlemagne, humanism, etc...to come to Altero Spinelli's manifesto and the post-war period with the OEEC, the WEU, the Council of Europe and, finally, Jean Monnet's plan and Robert Schuman's declaration with all that followed. All readers of this magazine would gain from going through these pages, even those who are in the thick of Community business on a daily basis.
I would like to point out two texts amongst the more « traditional »kind. The first, written by Paolo Ponzano, Director at the Commission's Secretariat General, covers the « decision-making process in the European Union ». The author has long represented the Commission in the works of the Committee of Permanent Representatives; which shows the extent to which his analysis is based on first-hand knowledge of the institutional functioning of the Union. He argues that the role of the Commission « has progressively been weakened in favour of the Council Presidency », for two reasons: first of all, the Presidency has « acquired an autonomous capacity to suggest compromise solutions » (solutions that may differ considerably from the Commission's initial suggestion, if unanimity exists within the Fifteen); and, secondly, the Presidency guides the Community's activities through its semestrial programmes and submits to the Council numerous « resolutions » or « conclusions » that may limit the Commission's exclusive right of own initiative. It must however be said that, in general, the Commission actively participates in developing Council compromise projects and in Council resolutions or conclusions (on occasions it inspires them directly), and that it discusses the term's programmes with the succesive Presidencies. Paolo Ponzano's article also comprises an indepth analysis on the workings of majority vote within the Council, the effects of « vote weighting » as prescribed in the Treaty of Nice and the functioning of codecision between the Parlement and Council. All the Members of the Convention would do well to know about this.
The second text I would like to draw attention to, written by Alain Alexis, principal administrator to the Commission, focuses on the controversial issue of State aid in favour of public services.
In particular, it recalls the divergence between the Court of First Instance (rulings of 1997 and 2000) and the Court of Justice (the Ferring ruling of 22 novembre 2001), which stated that the state compensation covering the costs of a public service do not constitute aid under the Treaty. « If such case law is confirmed », says the author, « it will be a new regulatory framework for services of general economic interest ». « Compensation » still has to be defined (legal, a priori, which does not even have to be notified to the Commission) as will « over-compensation » which remains prohibited. So the question is, how to calculate fair « compensation » and avoid « over-compensation ». The author considers a Commission text providing elements of an answer to this is necessary, and recalls that the Barcelona summit in March this year « clearly invited the Commission to work along these lines ».
Ferdinando Riccardi
*** JEAN-LOUIS QUERMONNE: Le système politique de l'Union européenne. Editions Montchrestien (31 rue Falguière, F-75741 Paris Cedex 15. Internet: http://www.lgdj.fr ). Collection "Clefs/Politique". 2002, 158 p., 11 euros. ISBN 2-7076-1305-3.
The fifth edition of this volume, which is part of the collection « Clefs/Politique » is very welcome for two essential reasons: it is revamped and updated taking into account, amongst other things, the Treaty of Nice and other developments ; the ideas and analyses of Jean-louis Quermonne (Professor Emeritus at the Political Studies Institutes of Paris and Grenoble, as well as at the College of Bruges) have had a considerable influence on several of the ideas currently being discussed at the Convention on the Future of Europe. The author had in particular presided over the main French Study Group on reform of the European Institutions, which analysed all the institutional questions that the Convention is to decide upon. This, however, in no way means that he is using this book to set forth his personal preferences. On the contrary, he describes with clarity and objectivity the different positions which are present, and clarifies several concepts which may still present a certain degree of confusion, such as « subsidiarity », « the Community method » and « open coordination ».
The historical part is also particularly clear, taking for example the speech Winston Churchill gave in Zurich on 19 septembre 1946. By encouraging Europeans to create a United States of Europe, Churchill in no way included his own country in this Union. Indeed, his vision of the western world was made up of three components: the United States of America, the United States of Europe and the Commonwealth, headed by the United Kingdom. Furthermore, I should like to underline the chapter on European law (which explains how Community law has gradually taken primacy over national law ») and that on « political and socio-economic forces » (which, for now, explains how the interest and pressure groups, the lobbies, carry more weight in the Union than the European political parties). (FR)
*** L'Europe en formation. Les Cahiers du fédéralisme. Centre international de formation européenne (1a av. des Fleurs, F-06000 Nice. Tel.: (33-4) 93979397 - fax: 93979398 - E-mail: europe.formation@wanadoo.fr - Internet: http: //http://www.cife.org ). 2002, n° 1, 150 p., 11 euros. Annual Subscription: 30 euros.
This issue of the review founded by Alexandre Marc has already been influenced by Hartmut Marhold, successor of Ferdinand Kinsky (who signed a contribution on the question of the inhabitants of Sudetenland) as director for the publication. This time favouring an issue-by-issue thematical analysis, the limelight this time falls on the Convention, with articles written by Jean-Luc Dehaene, Pr. Vlad Constantinescu (who firmly believes the fear that the work of the members of the Convention gathered round Valéry Giscard d'Estaing amounts to no more than « a facade,a democratic show-case, intended to amuse the onlookers », governments taking back the reins in all impunity once the exercise is over, and coming back to « the smallest common denominator, to haggling and to consolidating national positions »...), his Danish colleague, Fin Larsen, and, last but not least, Hartmut Marhold himself, who answers the question « should priority be given to political projects or to a Constitution? » As well as an editorial dedicated to the crisis in the Middle East which « illustrates the humiliating shortcomings » of European diplomacy, this edition is also concerned with the post 11 September period and « enterprise, Europe and governance. » (MT)
*** In Europa. Rivista di Studi e di iniziativa europea. Erga Edizioni (52r via Biga, I-16144 Genova - Fax: (39-10) 8328799). 2002, n° 2, 68 p., 7,75 euros. ISBN 88-8163-291-8.
The last edition of the review by the Centre presided over by former MEP Roberto Speciale contains in particular an article by the General Secretary of the CGIL, Sergio Cofferati, on the theme « Italy, Europe, rights and work », a summary of a debate on the future of European regional politics attended in April by Democratici di Sinistra member Gianni Pittela, and an article by Nathalie Steiwer, of Agence Europe, on « Latin American bitterness after the EU-Latin America-Caribbean summit ». Carlotta Gualco, Director of the Center, writes about the future of European cohesion after 2006. (MG)
*** La société civile et le sens de l'Europe. Associations transnationales (40 rue Washington, B-1050 Bruxelles. Tel.: (32-2) 6401808 - fax.: 6436199 - E-mail: uia@uia.be - Internet: http: //http://www.uia.org ). Collection "La revue de l'Union des associations internationales". January-February-March 2002, 72 p., 6,90 euros. ISBN 3-59823993-9.
The concept of a « civil society »,though not new, finds itself changed in its theoretical foundations as well as in the way it reflects today's realities. The contributors to this issue all bring specific foresight to what may be called a renaissance. Philippe Laurent, founder of the Belgian section of « Médecins sans Frontières », writes about « the emergence of an international civil society ». Basing his theory on the hypothesis that progressive changes in the lifestyles of westerners, « a life in which there is more than work », he strives to demonstrate how civil society progressively came into being, or, more precisely, how citizens « were convinced» by the idea of a civil society. Paul Ghyls, for his part, reflects upon the question of opening up a European public area. He notices that « although a European public area and the civil society it calls for are still in a nascent state, the fundamental principles that rule them appear today in all their clarity ». Some fundamental principles he borrows from Pr. Jean Marc Ferry: « citizenship, legality and advertising constitute, par excellence, the legacy of European civilisation ». The spokesperson for the Permanent Forum for Civil Society, Virgilio Dastoli, for his part, reflects upon the « limits of civil society », and to this end he examines the relationship between representative and participative democracies, but also the theme of sovereignty. (AD)
*** BENEDICTE LAPEYRE: Francois, Peter, Maria, Hendrik et les autres… Albin Michel (22 rue Huyghens, F-75014 Paris. Internet: http://www.albin-michel.fr ). 2002, 217 p., 14,50 euros. ISBN: 2-226-13248-1.
Europeans are all different, depending on their history, their traditions, and where they are located geographically. And yet, something links them allowing us to speak of a « European civilisation ». Why? How? To answer these questions, Bénédicte Lapeyre has chosen the most direct method - that of travelling to every European country, of observing the nationals, listening to them, picking up on their essential characteristics, and grasping these national particularities while at the same time recognising what is common to all. The result of all this is presented in a light and pleasant manner. It is often the anecdotes, humour and deep-rooted habits that reveal deeper truths. Bénédicte Lapeyre's profession has probably made this task easier for her. Indeed, she teaches French to Commission officials, and occassionally to their families. She therefore constantly meets a continuous succession of young (and sometimes not so young) men and women from all countries of the Union. An expert and attentive eye will find their different ways of tackling a new language indicative of many things.
In his foreword, Jacques Delors stresses the interest that lies in this book's approach. He finds it « makes the adventure, which is without precedent in history, of uniting sovereign countries without having to go to war and without the domination of one state over the others, even more attractive ». He suggests to readers « ideas so we can live better together which is as important for our common future as improving our institutions or achieving major political objectifs ». This work therefore makes not only useful but also amusing reading. (FR)
*** MARIO JARAMILLO CONTRERAS: ALCA: adios el modelo de integracion europea ? Instituto de Estudios europeos (22 Julian Romea, 28003 Madrid. Tel.: (39) 915140422 - fax: 915140428 - E-mail: idee@ceu.es - Internet: http: //http://www.ceu.es ). 2002, n° 1, 24 p.. ISBN 84-95219-53-0.
Is NAFTA, the North American Free Trade Agreement, the counter-model to European integration? The author attempts to answer this question with this working document. He above all looks at the relationship between regional integration and globalisation. He then sets out theories on integration through the ages and the influence this has had on the way people think before confronting these theories to reality, figures in hand. Mario Jaramillo Contreras, Executive Director of the Sergio Arboleda San Pablo Foundation, specifies that regional integration to the satisfaction of all parties can only be envisaged with the support of integration of a political kind. In this respect, he considers, NAFTA « has the characteristics of asymmetrical integration, without convergent aims ». (AD)
*** Rapport d'activités 2001. Belgian Ministry of Foreign Affairs, External Trade and International Cooperation (Tel.: (32-2) 5018111 - fax: 5143067 - E-mail: peggy.vits@diplobel.fed.be - Internet: http://www.diplobel.org ). This is the first progress report published by the Belgian Ministry of Foreign Affairs. It is available in French, Dutch, German and English as well as on the Internet.
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** L'Environnement pour les Européens. DG Environment (Unit "Communication and Civil Society". Fax: (32-2) 2969560 - Internet: http: //europa.eu.int/comm/environment/news/efe/order/ subscribe.htm ). June 2002, n° 11, 15 pages..
This special edition is almost entirely devoted to the United Nations World Summit on Sustainable Development and opens with the wish that it will reflect « new world awareness ». Ten years after the Earth Summit in Rio, the international community meets again in order to « assess progress - or the lack of progress - made in favour of more equitable and more sustainable development at global level», explains this DG Environment publication, which recalls that the Union and its Member States « have greatly contributed over recent years to improving the environment ». Other issues tackled include the « Natura 2000 » programme which has now become a reality, the protection of the marine environment and the move towards « greener tourism ». In supplement, there is « Environment for the Europeans ».
*** Cordis focus. DG Enterprise (Direction Innovation. Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int). 12 août 2002, n° 203, 27 p..
"The Danish Presidency hopes to reach a compromise on bioethics in the 6th FPRD », announces this leaflet, which cites Knud Larsen, adviser to the Danish Ministry of Science, Technology and Innovation. Others issues cover the fact that: the European Parliament draws attention to the over-wide scope of the 8th priority of the 6th FPRD, a new European project aimed at examining the exactitude of the methods of analysis of genetic fingerprints, preventing the abusive use of the « .eu » domain, and the European Patents Office, which fills the theoretical legal vacuum concerning human cloning.
*** La Lettre de Confrontations. Confrontations (41 rue Emile Zola, F-93107 Montreuil Cedex. Tél.: (33-1) 49884194 - fax: 49881184 - E-mail: confrontations@wanadoo.fr - Internet: http://www.confrontations.org ). June-July 2002, 24 p., 4,60 euros. Subscription: 23 euros.
« East Winds, West Winds ». Such is the title of the notes in which Françoise Crouïgneau speaks of the « gap » that should be bridged at the time of enlargement regarding the setting in place of new rules of play in an enlarged Union, a gap that was noticeable during the debates held on the occasion of the « Confrontations » summer school in Budapest. Another subject linked to enlargement is the populist vote in Europe with an interview from Dominique Reynié. Still other subjects covered are: « Automobile distribution: watch out for reform! », the world's trade system (lecture by economist Sylvia Ostry) and a dossier entitled « We are all Members of the Convention », which sounds like an invitation to place the Convention on the Future of Euorpe at the heart of the public debate.
*** Economia Exterior. Estudios de Politica Exterior (6 Padilla, E-28006 Madrid. Tel.: (34-91) 4312628 - 5777252 - E-mail: rivista@politicaexterior.com - Internet: http: //http://www.politicaexterior.com ). Verano 2002, n° 21, 188 p., 12,47 euros.
This issue is dedicated to concerns raised by the world's economic landscape and the doubts raised regarding the homogenization of omnipresent globalisation. Thus, Guillermo Perry, Chief Economist at the World Bank for Latin America, deciphers the crisis that Argentina is living through, while Martin Redrado envisages alternatives so that this country may be able to escape its serious state of indebtedness, and Antonio Sanchez Bustamante analyses the impact that changing the economic rules of the game in Argentina will have on Spanish companies. Another issue covered is the fact that Japan and Germany are losing their role of economic driving force, at any rate compared to two cases that give room for optimism - Russia and the Netherlands.
News in Brief
*** News from Cyprus. June/July 2002. Brussels. The publication-relay from the Permanenent Delegation for the Republic of Cyprus with the Union mainly stresses there is more and more evidence that Greek and Turkish Cypriots are closing the gap between them, while accession negotiations are almost complete, which is an additional reason why MEP Jacques Poos considers it « unthinkable that Cyprus should not be part of the first wave of memberships ».