*** HEINRICH SCHNEIDER, MATTHIAS JOPP, UWE SCHMALZ (Ed.): Eine neue deutsche Europapolitik? Rahmenbedingungen - Problemfelder - Optionen. Europa Union Verlag (32 Bachstr., D-53115 Bonn. Internet: http: //http://www.europa-union.de/buecher ). "Europäische Schriften" series from the Institut für Europäische Politik, No. 77. 2002, 864 pp. ISBN 3-7713-0606-X.
Did Germany's policy with regard to Europe change following reunification at the end of the 80s, following Gerhard Schröder taking over from Helmut Kohl in 1998, and following the transfer of the government from Bonn to the new (former) capital of Berlin? Many Europeans are asking themselves this question ever more frequently. It is a question of enormous topicality and importance and therefore merits in-depth discussion based on concrete issues, historical examples and theoretical knowledge. Hence the clear interest of this book with more than twenty lecturers and researchers, mainly German political scientists and legal experts involved in a research project organised by the celebrated Institut für Europäische Politik (which itself has moved from Bonn to Berlin). The conclusions of the research are, in fact, published in two voluminous tomes. In the first volume, analysed here, the researchers present visions, perspectives and theoretical and historical aspects of Germany's European policy over the last twelve years. The second volume, published in English, analyses perceptions of Germany's European policy in the other fourteen European Union Member States, and in Russia and the United States.
Contrary to the expectations of some observers - and even, at the start, some of the researchers involved in the project - the authors reach the conclusion that the domestic economic crisis, the cost of German reunification, the more critical views of German citizens with regard to the Union, and the greater role played by the Länder considerably limit the German federal government's room for manoeuvre when it comes to European policy. Far from being more powerful and dominant, the European policy of united Germany consequently has to seek European partners to support its visions and views, and needs to restrict the financial costs of the European project. This certainly means that the outcome at times sees Germany taking a less idealistic and more pragmatic approach to Europe, but it also leads, in general, to greater, more positive and noteworthy continuity.
A highly interesting, detailed and comprehensive book recommended for people wanting to understand the current theoretical and practical ramifications of the European policy of a great founder member of the European Union at the heart of Europe.
Peter Bender
*** HERMANN-JOSEF BLANKE: Der Ausschuss der Regionen. Normative Ausgestaltung, politische Rolle und verwaltungsorganisatorische Infrastruktur. Europäisches Zentrum zur Föderalismus-Forschung Tübingen (z. Hd. Mme Petra Reiter, 37 A Nauklerstrasse, D-72074 Tübingen. Tel: (49-7071) 2977368 - Fax: 922876 - E-mail: ezff@uni-tuebingen.de - Internet: http: //http://www.uni-tuebingen.de/ezff ). "Occasional Papers", No. 25. 2002, 81 pp, 4 euros. ISBN 3-9806978-4-3.
The European Centre for Research into Federalism, a multidisciplinary thinktank of the prestigious university of Tübingen in the Land of Baden-Württemberg, was founded in 1993. It is headed by Professor Rudolf Hrbek. He comments upon and analyses the role of the regions in European integration, Europe's regional policy, federalism as an institutional, decision-making organisational principle, and the decentralisation and regionalisation trends in Europe. Hence it is not by accident that this brief, concise analysis of the European Union Committee of the Regions is found amidst the publications of this research institute. The author, a University lecturer, does not ignore the criticisms made of the Committee of the Regions ("folklore theatre"), or the practical problems (for example, the shortcomings in interinstitutional dialogue) and political constraints that hold back the activities of this assembly of the regions and municipalities. The researcher even detects a danger of the big, strong regions losing interest in the Committee, seeking other more effective and individual ways of making their points of view felt in European policy. To give greater weight to the Committee of the Regions, Hermann-Josef Blanke proposes that in the future the CoR be able to take cases to court in its area of competence and for the fields where it is compulsory for the CoR to be consulted to be extended. It should, however, be noted that the author comes out against the idea of the CoR being able to take cases to court in the name of controlling the principle of subsidiarity, and he also opposes the idea of a catalogue of competencies in the European Union along the lines of the German Constitution. The author is more in favour of a legal and technical modernisation of the sharing of competencies and to sum up, suggests that the CoR should benefit from the option of making a serious contribution to preparations for the next Intergovernmental Conference and could boost its reputation as a "point of view of the crystallisation of regionalism in Europe". Very useful, realistic and detailed reading, putting into practice the indispensable reflection into the institutional representation of the regions in the European Union.
(PB)
*** DARIO TOSI: Il Dibattito sull'avvenire dell'Europa: le premesse e il suo attuale svolgimento nell'ambito della Convenzione apertasi il 28 febbraio 2002. Istituto di Studi e Documentazione sull´Europa comunitaria e l'Europa orientale Trieste (27 Corso Italia, I-34122 Trieste. Tel: (39-40) 639130 - Fax: 634248 - E-mail: isdee@spin.it - Internet: http: //http://www.isdee.it ). "ISDEE Papers", No. 14. 2002, 31 pp.
Former United Nations expert and official of the European Commission, Dario Tosi, lawyer and economist by training, outlines how the constitutional debate about the European Union has changed over time until the beginning of the Convention, using addresses by leading personalities such as Joschka Fischer, Jacques Delors, Lionel Jospin, Jacques Chirac, Johannes Rau, Romano Prodi, Jack Straw and others (including the political parties EPP and PES). The result is a very useful publication, going straight to the point to help understand how the political discussion about reform of the Union was born. There is a summary in English to help people unfamiliar with Dante's tongue to access the book.
(PB)
*** DARIO TOSI: La Convenzione europea: Organizzazione dei lavori, avanzamento della prima fase della discussione e principali tendenze che ne emergono. Istituto di Studi e Documentazione sull'Europa comunitaria e l'Europa orientale Trieste (see above). "ISDEE Papers" No. 15. 2002, 48 pp.
Like in the previous publication, Dario Tosi provides a clear, brief overview of the beginning of the European Convention's deliberations. He explains the Convention's working method and the discussions up until the fourth Convention session. The author's comments focus on the contributions made by Italy. A good introduction, which also includes a summary in English.
(PB)
*** ROCCO ANTONIO CANGELOSI, GIUSEPPE BUCCINO GRIMALDI (Eds.): Verso la Costituzione europea. Da Amsterdam a Laeken. Philos Edizioni (Rome. Internet: http: //http://www.philosedizioni.it ). "Quaderni" series, No. 1, Supplement to Issue 1/2002 of the review "La Cittadinanza europea". 2002, 143 pp.
In the preface, Giuliano Amato, Vice-Chairman of the European Convention, praises this collection of annotated documents. The authors, experienced Italian diplomats from the Italian government's Direzione generale per l'integrazione europea, explaining through their analysis and the documents selected, how the compromise was reached at the Nice European Summit (in terms of, for example, the re-weighting of votes at the European Council) and how the famous declaration on the Future of Europe, proclaimed at the Laeken European Council, was penned. The publication brings together the Italian government's proposals at the time of the negotiations for the Intergovernmental Conference of 2000, documents of the Commission and the European Parliament, the Nice and Laeken Declarations and a personal note by Commissioner Michel Barnier dating from autumn 2001 (little known but fundamental, explains Giuliano Amato, who headed the Italian delegation at the time of the Nice negotiations). Excellent documentation for retracing the current political origins of the constitutionalisation of the Union from the fundamental texts.
(PB)
*** ROLAND BIEBER (Ed.): Droit constitutionnel de l'Union européenne. Nomos Verlagsgesellschaft (Baden-Baden. Internet: http://www.dnb.ddb.de ). 2002, 815 pp. ISBN 3-78090-8285-6.
The founding treaties and the instruments aiming to revise them are the bases of primary law that are regrouped under the notion of "constitutional law". These instruments focus on the various integration methods that the builders of Europe have used in their work. The essential point of this process is probably the setting up of a European constitution, expected in the near future. A question is raised when one decides to collect the standard texts in this connection, namely being capable of taking into account "both the diversity and the convergence of texts from the constitutional domain". The authors used a detailed methodological grid here, explained in detail at the start of their work. This is the third edition of a successful book in the form of a collection of documents including the "most important sources of European public law in force since 1 September 2002". The Nice Treaty, signed on 26 February 2001, is published at the end of the book.
(AD)
*** STEFAN GRILLER, MICHAEL HOLOUBEK: Europäisches und öffentliches Wirtschaftsrecht I. 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 ). "Springer Notes Rechtswissenschaft" of the Forschungsinstitut für Europafragen & Institut für Verfassungs- und Verwaltungsrecht der Wirtschaftsuniversität Wien. 2002, 298 pp, 24.90 euros. ISBN 3-211-83857-0.
The authors, lecturers at Vienna's business university, provide a nine lesson introduction to Austrian and European economic public law. A case study, the opening of a shop, and other practical examples illustrate the topics covered - authorisation of a shop, administrative procedures, fundamental economic laws, the European common market, Community competition law, the economic activity of the state, and the Austrian and European Union state institutions. A series of tables and graphs, questions to check understanding, a glossary of basic legal terms and small guide for searching legal databases on the web are also included in this useful book based on an introductory economic science course at Vienna's Wirtschaftsuniversität. This clear, simple, user-friendly book is recommended to students in law and economics, and non-lawyers wanting to quickly learn about Austrian and European economic public law.
(PB)
*** CHRISTOPH PERATHONER, THOMAS SCHNITZER: Internet & Recht - eine europarechtliche Analyse. Verlagsanstalt Athesia Ges. m.b.H., Bozen/ Bolzano, e-mail: buchverlag@athesia.it, Internet: http: //http://www.athesiabuch.it , http://www.internetrecht.it ) January 2002, 150 pp, ISBN 88-8266-146-6.
In this short book, two young researchers look at the topical issue of the tumultuous relationship between the law and the internet. This is an area that Perathoner and Schnitzer see as the great challenge facing legal science. Based on their Masters in European Law thesis at Schloss Hofen in Austria, the graduates of Innsbruck University first of all outline significant international, European and Italian legal bases in terms of the commercial use of the web. They then look at e-commerce and Directive 2000/31/EC. They analyse the controversy surrounding electronic signatures, domain law, trademark law and copyright. This very clearly set out slim publication is aimed at lawyers and entrepreneurs interested in this area. It will also be of use to readers seeking information about the legal connections of the Internet in Italy.
(PB)
*** Droit international privé. Travaux du Comité français de droit international privé. Editions A. Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597 - Fax: 46340760) 2002, 324pp. 40 euros.
"The French Private International Law Committee is made up of figures from the legal world, mainly from academia and the judiciary, whose skills and work are authoritative in this connection". The book provides a collection of debates and contributions made to the Committee between 1998 and 2000. A brilliant essay on "official documents in private international law" is found at the beginning of the book. Next comes a report on the debate that it has given rise to. The following subjects are dealt with in the same manner: the role of individual will in French nationality law, the law applying to the leadership of foreign companies, shopping forums before French courts, the so-called Brussels II legal convention on marital separation, the preliminary draft Belgian law on private international law and the new German private international law on goods and non-contractual obligations.
(AD)
*** Official publications Office of the European Communities, L-2985, Luxembourg, http: //publications.eu.int has published the following documents:
*** European Union agriculture and enlargement. DG Agriculture (Tel: (32-2) 2953240 - Fax: 2957540 - Internet: http: //europa.eu.int/comm/agriculture/index_fr.htm). 2002, 11p..
Farming plays an important role in the economic and political life of the thirteen accession candidate countries. Although the countries have achieved satisfactory progress, modernisation of their agriculture sector and their integration into the CAP will remain a major challenge in the years to come. A study has been carried out on the mechanisms to put into place for speeding up the process. It discusses the pre-accession strategy, rationalisation of financial aid and Community programmes.
*** Information for improving Europe's environment. An introduction to the European Environment Agency. European Environment Agency (Kongens Nytorv 6 - DK-1050 Copenhagen K - Tel: (45) 33367100 - E-mail: eea@eea.eu.int - Internet: http: //eea.eu.int). 2002, 21p.. ISBN 92-9167-518-0.
Having an effective environmental policy for Europe is not limited to resolving occasional disasters. This especially involves the ability to detect, analyse and respond to tendencies that will be likely to cause problems in the future. This is the role of the European Environment Agency, which over the last eight years has become a source of quality information and a reference body on the European landscape. The publication explains who its partners are, its European and international network and its "clients" and their needs, the major directions in which its work will go and the approach to be use. In brief everything you want to know about the agency.
*** Liaisons sociales Europe. (1 av. Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-1) 41299670 - Fax: 41299659 - Internet: http://www.ls-europe.com ). No. 69 of 12 - 25 December 2002, and No. 70 of 26 December 2002 to 8 January 2003, 8p.. issue price: 25 Euro.
In the summary of this edition we find the last Social Affairs Council of 2002, under the following title: "The Union integrates foreign and self-employed workers". This Council enabled progress to be made on the extension of the co-ordination of social security systems on health and for non-EU foreign nationals and Community legislation on health and safety protection for self-employed workers.
In a logical sequence, this issue, No 70 deals with "social dumping, immigration" and the "real-false challenges of the enlarged Europe". At the time when the Union is going to integrate ten candidate countries, eight of which come from the other side of the iron curtain, the Fifteen are quibbling about protecting their labour markets and how they are going to set up ways for ensuring economic and social cohesion. The editorial team adds that, "The Fifteen would be able to tae in 350 000 nationals from candidate countries every year". But paradoxically, its fear of massive immigration and relocations that haunt swathes of people in Member States. Other subjects dealt with in this issue include: social aspects of merger inspections reform, implementation of flexible or and gradual pensions systems and the draft "noise" directive adopted by Parliament.
*** L'Europa prossima. Solidarita, ampliamento, globalizzazione. Centro InEuropa (Via Ippolito D'Aste 7/5 - I-16121 Genoa - Tel: (39-10) 540928 - Fax: 564356 - E-mail: ineuropa@euroframe.it - http://www.centroineuropa.it ). Iuglio 2002, Anno XII, No.3, 71p. ISBN 88-8163-307-8. Prix: 7,75 Euro
In the summary of this issue we find the evocative title of "European Fishing". This is followed by an extract from the book by Tommaso Padoa-Schioppa,"Dodici settembre", and reform of the CAP, "Between Enlargement and Globalisation", protection of quality products under national law, structural funds and enlargement, European support for cities, the Youth Convention, an article on European research and very contemporary articles on international current affairs, such as the creation of the International Criminal Court on companies and corporate responsibility.
*** La Lettre du CEPII. Centre d'études prospectives et d'informations internationales (9 rue Georges-Pitard, 75015 Paris. Tel: (33-1) 53685514 - Fax: 53685503 - Internet: http: //http://www.cepii.fr ). November 2002, N°217, 4p..
Monetary enlargement of the Union in the summary of the current edition of the "La Lettre du CEPII". According to the publication, European Union accession in the long tem will involve adopting the single currency. According to the specialists, it will be necessary that the centres set up on a par with the Euro are carefully defined when they enter EMS 2 and are coherent with the demands of economic stability laid down in the Maastricht Treaty.