*** JEAN TOUSCOZ: La Constitution de l'Union européenne. Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202 - E-mail: info@bruylant.be - Internet: http: //bruylant.be). 2002, 186 pp, 45 euros. ISBN 2-8027-1590-9.
The Convention has launched a constitutional process in Europe. Nobody doubts this any more and there are very few who still challenge the idea (this is the first significant and hugely encouraging result of the "Convention Method" which through this symbolic, but also political progress alone, has condemned Intergovernmental Conferences to be forgotten in the annals of European history since they are still "too politically correct", or if not, to bludgeon away in the future to put across the message that reason of State is always bet…). It would be pertinent to point out, however, that this constitutional process is nothing new. It has been underway for fifty years now, since the very first building blocks of the European Community. This is the first message the author of this book wants to put across. The book is pennies from heaven in that it should be a bible for Convention Members and other people (whether experts or ordinary citizens) who desire or are obliged to judge the results of the work currently underway. The ideas behind the book are perfectly summed by Prof. Quermonne in the preface, where the book inspired him to write this illuminating warning: "(…) countering the temptation sometimes possessing politicians to make a clean sweep, and in order to be legitimate and sustainable, the Constitutional Act resulting from the process that has been instigated must form part of the extension of pragmatic 'innovation that - from the Schuman Declaration down to the Amsterdam Treaty - has make it possible to gradually outline the specific characteristics of European federalism ".
Inspired by this strongly held conviction, Jean Touscoz, Professor of International Law and former Vice-Chancellor of the University of Nice-Sophia Antipolis, has identified what makes up the "European Union's constitutional heritage", along with the visions of the future fed by this heritage. In the first part of the book he reviews major proposals for designing tomorrow's Europe that have been put forward over recent years, emanating from institutions, Member States, (through the agency of Chirac, Jospin, Fischer, Schröder, etc) and individuals (from Chevènement to Chris Patten via Delors, Toulemon and Bourlanges). After setting the constitutional process in context, the author presents a "modest contribution to the drawing up of the European Union Constitution", a 25-article draft Constitution. In the author's opinion, the draft Constitution merely aims at demonstrating the feasibility of a "brief, simple and coherent" Constitution, although it is largely inspired by the Community acquis. I would point out that its preamble starts with the words: "We, the People of the European States…"
Michel Theys
ALFRED DUSCHANEK, STEFAN GRILLER (Editor): Grundrechte für Europa. Die Europäische Union nach Nizza. Springer (Springer Verlag KG, 4-6 Sachsenplatz, A-1201 Vienna. Tel: (43-1) 3302415-0 - fax: 3302426 - E-mail: springer@springer.at - Internet: http: //http://www.springer.at ). "Schriftenreihe der Österreichischen Gesellschaft für Europaforschung" series, No. 3. 2002, 243 pp, EUR 49.80. ISBN 3-211-83725-6.
The elaboration, content and perspectives of the European Charter on Fundamental Rights are the main theme of this publication, which follows on from a conference organised in December 2000 in Vienna, by the Austrian Researchers Association on European integration. As well as contributions by University academics from Austria, Germany and Hungary, contributions have been made by Austrians who were actually members of the Convention who elaborated the Charter. These include Heinrich Neisser, Michael Holoubek and Reinhard Rack. The role of the Charter in the Community legal system is analysed, while its provisions are compared with those of the European Conventions on Human Rights and the European Social Charter. Implications that the Charter could have on the Austrian economic system and the country's Constitution are also examined. Contributions by Stefan Griller, Georg Ress and Reinhard Rack are particularly interesting and deal with the relationship of the Charter with other fundamental rights, as well as the European Court of Justice, the European Court of Human Rights, national and constitutional courts, and Union citizenship, fields which could be the site of a future legal battleground. This book provides a clear, concise and successful presentation of the legal and political ramifications of the Charter, which could be included in the next Constitutional Treaty of the Union.
(PB)
*** LUCIA SERENA ROSSI (Editor): Carta dei diritti fondamentali e costituzione dell´Unione europea. Dott. A. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Internet: http: //http://www.giuffre.it ). "Seminario giuridico della Università di Bologna" series, No. 26. 2002, 322 p., EUR 22 . ISBN 88-14-09397-0.
"The Charter of Fundamental rights is a bridge between the past and the future", affirms Lucia Serena Rossi in the introduction of this book that brings together a collection of academic essays. This principle applies in the three sections that follow, dealing with each one in a legal and legislative context of the Charter (the past), the Charter itself (the present) and the process that leads to an emergence of a European Constitution (the future). The fifteen contributions by University lecturers and researchers in international and European law have been members of the (first) Convention: Elena Paciotti and Andrea Manzella, examine how the protection of fundamental rights has progressed in Community law from Rome to Nice, as well as the way fundamental principles such as dignity, justice, liberty, solidarity, equality and citizenship, before tackling the "constitutionalisation" of the Union. Among the contributions are those which are partially based on the conference held in Forli in December 2000 and a course organised by the Universities of Bologna and Strasbourg, which includes a comparison that is as rare as it is interesting in the Charter of fundamental rights of the Union and the Inter-American Democratic Charter. This document is certainly less well known in Europe. The text of the European Charter, the declaration of Nice and the text of the European Convention on Human Rights complete this useful publication.
(PB)
*** PANAGIOTIS IOAKIMIDIS: The Treaty of Nice and the future of Europe. Themelio publicat(Athens). 2001, 182 pp. ISBN 960-310-282-2.
The author of this book writes in Greek and participated at the last Intergovernmental Conference as a representative from Greece. On the basis of this practical and unique experience, Panagiotis Ioakimidis attempts, in this book, to accurately describe how the negotiations were led and analyses the Treaty which was the end result. A Treaty that is not satisfactory but which constitutes, nonetheless, according to the author, an essential condition for proceeding to enlargement, in as much as the European Council of Nice had also opened the door to profound reflections on the future of Europe, which is currently happening within the framework of the European Convention. The book usefully puts into perspective the whole range of problems involved in this domain.
(KM)
*** JOSIANE AUVRET-FINCK (Ed.): L'Union européenne, carrefour de coopérations. LGDJ Montchrestien (31 rue Falguière, F-75741 Paris cedex 15. Tel: (33-1) 46338985). 2002, 440 pp, 38.11 euros. ISBN 2-275-02221-X.
The European Community, cornerstone of the process of integration that has been underway fro fifty years, can no longer hide the evidence that at its borders and, moreover, in its midst, functional relationships prevail characterised by cooperation between autonomous powers. Since the beginning of the Communities, the cooperation technique has been sought to realise various Treaty objectives and since them, the technque has taken off, the apex being the Maastricht Treaty of the European Union that recognised it as a way of achieving unity in its own right, a founder of the Union. This statement has given rise to controversy for people who see cooperation mechanisms as a "new approach" for getting round the limits of the Monnet Method. Others argue that only the Community integration method is valid, otherwise one runs the risks of creating a federal Europe. This debate inspired a group of French lawyers to study the main cooperation modes used in the Union and their research is outlined in this book, that starts by stressing the plural nature of cooperation within the EU. In the first part, the authors study cooperation based on institutional partnership with in the EU. Inter-state and external cooperation is considered in the second part of the book while to sum up, Prof. Kovar constructs a typology of cooperation and recommends a realistic and vigilant attitude towards the rising power of some of these forms.
(MT)
*** STEFANO AMADEO: Norme comunitarie, posizioni giuridiche soggettive e giudizi interni. Collana di testi e documenti di diritto europeo dirrtta da Bruno Nascimbene. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Internet: http: //: http://www.giuffre.it ). 2002, 387 pp, 29 euros. ISBN 88-14-09557-4.
The author of this book makes a systematic reconstruction of the internal effects of Community standards and notes in the light of the most recent Community case law that "the traditional idea of direct effectiveness, whose essential characteristics were set out from the 1960s onwards, now seems to be insufficient for describing the variety of forms in which Community law is manifesting itself in internal law and in respect of individuals".
(MG)
*** JEAN BOULOUIS, ROGER-MICHEL CHEVALLIER, DANIEL FASQUELLE, MARC BLANQUET: Les grands arrêts de la jurisprudence communautaire. Droit communautaire des affaires, Marché intérieur, Politiques communautaires. Dalloz (31-35 rue Froidevaux, F-75685 Paris cedex 14. Internet: http: //http://www.dalloz.fr - Distributed by: Patrimoine, 168 rue du Noyer, B-1030 Brussels. Tel./Fax: (32-2) 7366847). 2002, 748 pp. ISBN 2-247-04290-2.
Focussing on what people have decided to call "material Community law", Volume 2 of the "Great Rulings" (Volume 1 dealt with institutional law) basically takes the same structure of the Treaty of Rome. It looks in turn at the fundamental freedoms on which the internal market is based, then competition policy at the heart of Community business law, exploring tax measures and agricultural, transport, economic and social policies. The rulings selected by the authors are all accompanied by their own bibliography and notes that attempt to summarise the case law solutions to the problems posed. This is the fifth edition of the book, which bears witness to the fact that is now one of the "classic texts". It is dedicated to Jean Boulouis, a pioneer in the teaching of Community law in France, who passed away shortly after the fourth edition was published. Daniel Fasquelle, Professor of private law at the Université du Littoral-Côte d'Opale, and Marc Blanquet, Professor of public law at the Université des sciences sociales of Toulouse, were the kingpins behind this fully updated and largely redesigned edition.
(MT)
*** STEPHANE MAIL-FOUILLEUL: Les sanctions de la violation du droit communautaire de la concurrence. Librairie Générale de Droit et de Jurisprudence (31 rue Falguière, F- 75741 Paris. Tel: (33-1) 56541600 - Fax: 56541649 - email: info@eja.fr). 2002, 665 pp, 69 euros. ISBN 2.275.02178-7.
While penalties for breaking competition law tend to attract media attention due to the often phenomenal size of the fines, citizens are often faced with having to simply put up with them being mentioned without any explanation of the whys and the wherefores or the mechanism behind the penalties. The repressive nature of the fines is put forward as part of a preventative system to protect the market and competition, which is the life-force of the market. "Corrective penalties take various forms, both for anti-competitive cartels" and for simple aid and mergers and acquisitions. Another characteristic that is generally ignored is the fact that the Commission and national authorities and legal systems make joint action in this domain. "In the vast majority of cases, no formal penalties are applies since the Commission acts more as a player ensuring that Community policies are applied than as a policeman applying competition policy", notes Stéphane Mail-Fouilleul. Both food for thought and an analytical description of a system, this book will not only be of interest to lawyers. The author is a barrister at the Paris Bar and a graduate of Robert Schuman University in Strasbourg.
(AD)
*** SANTIAGO ILUNDAIN FANTOVA: Leniency: la politica de exoneracion del pago de multas en derecho de la compentencia. La nueva normativa comunitaria y las possibilidades de incorporarla à la normativa espanola. Instituto de estudios europeos centro de politica de la competencia (22 Julian Romea, 28003 Madrid. Tel: (34-91) 5140422 - Fax: 5541787 - email: idee@ceu.es). 2002, No 2, 72 pp. ISBN 84-95219-50-6.
Leniency programmes for business aim to get a series of conditions for leniency accepted for companies involved in cartels but cooperating with monopolies authorities with a view to destroying the cartel. This book pursues a two-pronged objective. Firstly it analyses existing programmes in the European Community and under other legal systems such as the United States, Canada and Australia. It then introduces a debate on how to integrate Community leniency standards into the Spanish legal system's leniency schemes.
(AD)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Cordis Focus. DG Enterprise (Fax: (352-4301) 32084 - E-mail: innovation@cec.eu.int - Internet: http://www.cordis.lu/news ). September 2002,No 37, 44pp.
This issue looks at modern technological opportunities in medical biology, energy, the environment, telecommunications, industrial technology and e-democracy - the desire to provide services to citizens using new technologies (the Internet option in public health policies, telecommunications for endoscopic information, fully anatomical hip replacements, improving the treatment of diabetes, European car manufacturers targetting natural gas fuelled cars) and a number of other examples of machines using modern technology, like plasma-based technology for controlling pollution.
*** Environmental Issue Report. Towards an urban atlas: Assessment of spatial data on 25 European cities and urban areas. Commission's Joint Research Centre and the European Environment Agency (Kongens Nytorv 6, DK-1050 Copenhagen K. Tel: (45) 33367100 - Fax: 33367199 - E-mail: eea@eea.eu.int - Internet: http: // http://www.eea.eu.int ). 2002, No 30, 131., 20.50 euros. ISBN 92-9167-407-2.
It took 17 centuries or more before another Western city could rival Rome. This is the statement that opens this scientific publication assessing spatial data from twenty-five European cities and urban areas. Cities have always been political and economic, trading, financial, cultural and educational centres. The consequences and impact of all these different activities have greatly damaged the environment which is why saving the environment has become one of the priorities for the twenty-first century. In order to achieve exact data on the impact on the environment in order to take the most suitable measures, full data is required, including spatial data, recommends this study. The report asserts that a new urban atlas is required of Europe. Only a bare outline of the atlas has been produced to date, despite the efforts of the Environmental European Spatial Data Infrastructure.
*** Politica 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 ). September 2002, No 88, 179 pp, 10 euros.
This special issue of the renowned Spanish review focuses on relations between the European Union and the United States since 11 September 2001, analysing the nature of terrorism and its causes and response to it in both America and Europe. It also looks at the impact on transatlantic relations and defence issues for both continents. Javier Solana has contributed an essay to the review, in which he says he is convinced that the EU and the US will have to find an area of agreement, not seeing Europe as an 'ageing" continent, but as a partner. Other articles cover the eagerly awaited setting up of the common European defence policy, which will be supported by the defence industry and there is a series of articles looking at the political aftermath of 11 September.
In brief
*** Librarians Handbook 2002-2003. EBSCO, Birmingham, USA. This highly detailed handbook provides information about publication distribution. *** Look Japan, Tokyo, October 2002. This issue looks at Japanese spending habits, preserving biodiversity and considers in greater detail on trade between China and Japan thirty years after the restoration of diplomatic relations. *** La Flandre. September-October-November2002, Antwerp, Belgium. This issue looks at promoting Flemish musical productions in Flanders abroad, Flanders seeking and finding a niche in the aerospace industry, the Tivisi Project interpreting social economy and sustainable development, the Dutch language abroad and Flanders signing a cooperation agreement with Slovakia. *** Carrefour de l'économie. Ministère belge des Affaires économiques. 2002/7A, Brussels. Information about, for example, the Belgian diamond trade in 2001 and the European Union's generalised preferences system.