*** Revue du droit de l'Union européenne. Publisher: Editions Clément Juglar (62 av. de Suffren, F-75015 Paris. Tel: (33-1) 45675806 - Fax: 45665070 - E-mail: aal@auxam.fr). 2002, No. 2, 219 pp, 45 euros. Annual subscription: 190 euros.
What is the secret of the director of this review in always managing to discover an intriguing or amusing document? A document at any rate that one always enjoys filing away with one's other papers! This time, Alfonso Mattera arranged a translation from English into French of a document in the "Documents" section at the end of the review, a list drawn up by the United Kingdom's Delegation to the European Commission of false information (distortions and inventions) about the Commission in the British media. We read that "the Brussels bureaucrats" have decreed the end of the traditional sized British loaf of bread, outlawed traditional English Cheddar, Cheshire and Lancashire cheese, introduced a compulsory uniform curriculum vitae for job-seekers, made Latin compulsory for the labelling of certain products, come up with a regulatory size of pizza (both in terms of diameter and thickness) and decided that every ambulance in the European Union shall be yellow, etc. None of this is true, but it is what British citizens have been told about the activity of the Commission by some of the British media.
Alfonso Mattera has not, of course, included the Euromyths document simply as a matter of temperament, but rather to support his research into how the European Union respects national, regional and local identities. Based on practice and on rulings by the Court of Justice on several regulations, the author demonstrates that since the "Cassis de Dijon" ruling of 1980, the Commission has totally abandoned the "harmonising" approach to removing trade obstacles in favour of mutual recognition of products. This is clearly only one aspect of Mattera's demonstration covering more political and sensitive issues like multilingualism (one third of European officials have the task of providing citizens with all European Union documents in their own language) and all the activity of the EU on a general level in terms of respecting each community's identity - values, culture, language and religion. Throughout their history, national states have not always been so respectful in terms of the identities of the sometimes disparate communities they encompass.
Giving examples, the author proves that it is not only in the United Kingdom that lies have been concocted about the Commission's purported attempts to create a "super-State" and throttle national identity. He quotes examples from Spain, Italy and elsewhere, explaining that these are "crude falsehoods". Aware of the importance of this aspect of the European project in the context of the Convention, Mattera makes the personal suggestion that an article be incorporated in the Constitutional Treaty along the lines of: "In the domain of the present Treaty and without prejudice to the measures it foresees, the Union shall ensure respect of national, regional and local identities, in particular through the application and implementation of the principles of mutual recognition". This suggestion has been noted and commented upon in Spain and some Central and Eastern European countries in particular which, following the experience of Soviet uniformity, fear similar trends from the European Union.
Regular readers of the review will find the usual number of articles in this issue on other subjects. In particular, I mention the article by Jean-François Pons (Deputy Director General for "Competition" at the Commission) on competition and sport in which he describes the gradual definition, from the Court of Justice's Bosman ruling in December 1995 onwards, of the doctrine reconciling the "economic activity" nature of professional sport with the consideration of its specific nature and significance. Mr Pons has played a fundamental and very positive role in the reconciling of these two legitimate demands, and notes that this was made possible by the "notable change in attitude of sports authorities". This is true, but I would also add that the Commission itself has also developed considerably in its understanding of sport.
Valuable too are the two articles summarising and explaining European Union initiatives in the fight against terrorism under the second pillar (article by Mr Benoit) and the third (Mr Margue).
In Paolo Cecchini's editorial on "the EU in the new millennium", I would highlight the invitation to break "the taboo banning the Union taking on debt" since a long-term European loan could be "guaranteed by the surplus reserves of currency resulting from the elimination of exchange risk within the Eurozone" and contribute to a rebound in the economy and investments.
Ferdinando Riccardi
*** Cahiers de droit européen. Etablissements Emile Bruylant (67 rue de la Régence, 1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202 - E-mail: abt@bruylant.be). 2002, No. 3-4, 287 pp, EUR 52. Annual subscription: EUR 146.
This new edition of the Cahiers begins with a tribute to Josse Mertens de Wilmars, President of the Court of Justice at the beginning of the 1980s, who died recently. The editorial by Professor Jean-Victor Louis (Université Libre of Brussels), Editor-in-Chief of the publication, looks at the Convention's work. This is a new body that by its very existence constituted the European Council's "recognition" during the European Summit of Brussels in December 1999, "of the impossibility of resolving Constitutional problems by traditional diplomatic methods, which require detailed debates of a political nature". Nevertheless, this obvious progress does not constitute the end of history, as long as the development of the work requires from this accomplished Europhile legal expert searching questions about the results that could ensue during the exercise and as long as the affirmation of Giscard d'Estaing is upheld, according to which, "the division between federalist and supporter of the intergovernmental method was not present at the Convention". In addition to this meticulous, critical and worrying analysis are the developments within the Convention and its immediate vicinity and the contributions that subsequently emerge focussing on the new European regulatory framework of electronic communication networks and services, as well as another one the theme of "the universal service of telecommunications in Community law: state intervention and competition". All this in addition to the customary section on "Jurisprudence".
(MT)
*** ABDELKHALEQ BERRAMDANE: La hiérarchie des droits. Droits internes et droits européen et international. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris). "Logiques juridiques" series. 2002, 272 pp, 23 euros. ISBN 2-7475-2925-8.
In this tightly packed book, Abdelkhaleq Berramdane, lecturer at Tours University, considers a question that is becoming ever more acute in the framework of Europe, namely which legal system should prevail? Internal law or international law or at least European law? The answer is to the latter question is known. After illustrating how contemporary Constitutions consider "the internal hierarchical status of the international legal order" and the European legal order, the author notes that the doctrine of the hierarchy of standards is implemented in different ways from one state legal order to the next, depending on the premises from which they are induced, and he argues that this leads to "incoherence" in a number of respects.
(MT)
*** PHILIPPE MOREAU DEFARGES: Dictionnaire de géopolitique. Armand Colin, Editions Dalloz (31-35 rue Froidevaux, F-75685 Paris. Internet: http: //http://www.dalloz.fr ). 2002, 186 pp. ISBN 2-247-04450-6.
Adviser at the Quai d'Orsay in Paris, Policy Officer at the Institut français des relations internationales, lecturer at the Paris Institut d'études politiques and also at the Institut national des langues et civilisations orientales, Philippe Moreau Defarges was the ideal candidate for designing this small book explaining national and international affairs, taking a synthetic and pedagogical approach. Killing two birds with one stone, he usefully explains what the hackneyed term "geopolitics", the "discipline looking at the relations between area and politics", actually means. The book is divided into various types of entry. Firstly, geopolitics' main sections (geo-economics, geo-strategy, etc) and key concepts (continentality, strait, etc). Secondly, notions of international relations in as far as they share the same field of investigation as geopolitics but differ in their approach. Thirdly, cusp regions and then states since for these entities in space and time, the geopolitical approach is, "a vital instrument enabling them to better position themselves, make a better assessment of the configuration of forces affecting them, and also to justify their political choices". Fifthly, resources that are also geopolitical challenges, and the individuals and authors who make up the discipline and bring it alive through action. Finally, the last entry point selected by the author is to look at the events that have influenced the changes in geopolitical perception.
(MT)
*** ROSTANE MEHDI (Ed.): La contribution des Nations Unies à la démocratisation de l'Etat. Editions A. Pédone (13 rue Soufflot, F-75005 Paris). 2002, 238 pp, 28 euros. ISBN 2-233-00408-6.
Edited by Prof. Rostane Mehdi (of Université d'Aix-Marseille III) for the Tenth International Meetings at Aix-en-Provence (France) on 14 and 15 December 2001, this book contains all the contributions made to the academic conference jointly organised by the Institut d'Etudes politiques d'Aix-en-Provence, the Centre d'Etudes et de Recherches internationales et communautaires de la Faculté de droit et de sciences politiques d'Aix-Marseille and the United Nat ions Information Centre in Paris. Coming in the wake of 11 September 2001, this "mix" of international contributions highlights the influence of the United Nations in a world torn between pax americana and centrifugal forces in the face of the (stillborn?) emergence of the American "Empire", dissects the strategies deployed by the UN to spread the difficult notion of democracy to states that do not yet understand it or which reject it out of hand, and then considers the problematic coexistence of the notions of state sovereignty and democracy.
(PBu)
*** Les Cahiers du Crespi. Centre de réflexion et d'études sur les problèmes internationaux (15 rue de Vaugirard, F-75291 Paris Cedex 06. Tel: (33-1) 42343369 - Fax: 42344021). 2002, No. 2, 88 pp.
The Centre de réflexion et d'études sur les problèmes internationaux was created in the fold of the French Senate to ensure French Senators and parliamentarians are kept informed of the current situation and changes in the political, economic, strategic and geopolitical characteristics of the planet. This issue takes the form of travel notes written since 11 September, mainly by Senators from the Groupe de l'Union Centriste, in order to highlight the new international geopolitical configurations. In a way they are "samples from within the vast field of international relations taken in order to measure changes in regional situations at a time when clouds are gathering over the Middle East and regions on its periphery (the Caucasus, central Asia, etc) along with changes in various Western countries. The publication also looks at Germany and France, changes in ideas on the future of Europe in Germany and Italy, the maritime aspect of the enlargement of NATO, Russia's international ambitions, war in the Caucasus, Turkey (caught between Europe and its own challenges), and more besides.
(MT)
*** ESTHER BARBE (Ed.): Espana y la politica exterior de la UE. Entre las prioridades espanolas y los desafios del contexto internacional. Institut universitari d'estudis europeus, Universitat Autonoma de Barcelona (Edifici E-1. 08193 Bellaterra. Tel: (34-93) 5812016 - Fax: 5813063 - Internet: http://www.uab.es/iuee ). 2002, 185 pp. ISBN 84-95201-11-9.
At the end of the Spanish Presidency of the Council of the European Union, the EU Foreign Policy Monitoring Centre of the Institut d'études européennes provided an analysis and a recontextualisation of the main foreign policy questions it covers. Looking at security and defence, Débora Miralles from the Catalan employers' federation raises the issue of potential autonomous action in this connection. She notes a diminution in euphoria since the Cologne Summit in 1999. The academician attitributes this to the EU's incapacity to respond to the permanent crisis in the Middle East with one voice, and also the conflict between Greece and Turkey that may accompany the possibility of a partnership between the EU and NATO. Other questions considered in the book include the Euro-Mediterranean dialogue, Latin America, transatlantic relations, development cooperation, the question of the Balkans, relations between Russia and Europe, and the "gradual construction of an agenda for the Middle East".
(AD)
*** MUSTAPHA K. NABLI: After Argentina: Was MENA right to be cautious? Robert Schuman Centre for Advanced Studies (Institut universitaire européen, Badia Fiesolana, 9 via dei Roccettini, I-50016 San Domenico di Fiesole. E-mail: forinfo@iue.it). "Distinguished Lecture Series". 2002, 14 pp.
The central question considered in this pamphlet by Mustapha K. Nabli, Chief Economist at the World Bank for the Middle East and North Africa, following a conference at the European University Institute of Florence as part of the Mediterranean Process, is how the severe crisis that Argentina has been long been suffering from in the middle of the liberalisation process can provide lessons for the countries of the Middle East and North Africa which are making efforts in the same direction and which the author calls upon to be prudent since the market is paying great attention and will react in line with both progress and hiccoughs on the path of liberalisation, not making do with words. If they want success, Mustapha Nabli argues, they should not prioritise speeding up under the pressure of the business world, but should complete the work already in hand, moving towards stability and credibility in the eyes of the business world's bankers.
(PBu)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities), L-2985, Luxembourg, 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 ). 13 January 2003, No. 212, 27pp. Free subscription.
This Union funded project will lead to the production of a new medicine to be used against malaria in three years time. We also learn that Jacques Chirac is calling for a total ban on human cloning. In a follow-up to the Franco-German proposal, the French government is putting forward measures supporting innovation and the initial appeals from the 6th FP. The Greek Presidency has also reiterated its desire to relaunch European competitiveness and attain the Lisbon Summit objectives.
*** Revue du marché commun et de l'Union européenne. Editions Techniques et Economiques (3 rue Soufflot, F-75005 Paris. Tel: (+33-1) 55426130 - Fax: 55426139 - E-mail: editecom@starnet.fr - Internet: http://www.editecom.com ). November 2002, No. 462. 634pp. Annual subscription: EUR 165.
To summarise, in this publication we can read about "the European Parliament Facing up to the Future of Europe", "From the European Convention to the Adoption of a Constitution for Europe", "The Return of Europe: Out of its Ashes, the European economy of the 20th Century", "The Pandora's Box of Relations between the French Constitution and Community Law", "The State Council's SNIP Decision of 3 December 2000", "The New Regulation on Cars", "ACP Countries and the Challenge of Enlargement: Latent Worries and New Hopes", "Integration of Equal Opportunities in Rural Development Programmes 2002-2006" and "The Non-Discriminatory Principle for Cross-border Workers".
*** Europe Info. Monthly Newsletter of COMECE (Commission of the Bishops Conference of the European Community) and OCIPE (Catholic European Study and Information Centre) (42 rue Stevin B-1000 Brussels - Tel: (32-2) 2350510 - E-mail: europinfos@comece.org). December 2002, No. 44, 12pp.
"Cultural enlargement" should be accompanied by the next accession of the ten countries of the European Union. "After years of negotiations", ten countries are going to re-integrate into the large European family. Till now, negotiations focused on what the candidate countries had to do to become members but what about what they are going to bring Europe? It is necessary to recognise their impact on "culture, values and Union priorities have hardly been dealt with" Languages, religions and other kinds of experience will meet and probably clash. But the most important aspect is the wealth of culture in this development. The development of a European political culture will constitute an honourable challenge. Above all the newcomers should be given an honourable welcome, beginning, no doubt, by welcoming their own languages and giving them the opportunity to practise their believes etc.
*** Kangaroo Group Newsletter. The Movement for free movement. (1A Square du Bastion - B-100 Brussels - Tel: (32-2) 5410330 - Fax: 5384980 - E-mail: info@kangaroogroup.org - Internet: http: //http://www.kangaroogroup.org ). November 2002, No. 32. 16pp.
"A Constitution for Greater Europe", is the theme tackled by this publication, and what is preached, indeed, by Alain Lamassoure. In the newsletter we learn that one should rejoice at the launch of the process that will end with a Constitutional treaty that will give the Union considerable political authority. But difficulties need to be cast aside, attention paid to the words we use and we must act with care. The most spectacular event is yet to come insofar as the exceedingly ambitious goal of a formal procedure that cannot but end in a massive election in all countries. The timetable remains the "fearsome difficulty" as the stages to be followed won't leave a moment's rest between the signing of the accession treaties and the European elections, the final touches to the Constitution, ratification and application of the new founding treaty. Other subjects include: "What Should We Expect from the Convention?", "Parliament's Hard-line Position on Implementing Measures on Financial Services", "The Single Market: Ten Year on".
In brief
*** Focus on Flanders, No. 45, 1st January to 31st December 2002. An array of subjects tackled throughout 2002 is on offer here. *** Focus on Flanders, No.1 of 4th to 10th January 2003. "Federal Elections of 18th May, the die is cast". This suggests that the rainbow coalition will have a very full agenda until Easter.