*** GILBERT KOENIG: L'euro, vecteur d'identité européenne. Presses universitaires de Strasbourg (9 place de l'Université, F-67000 Strasbourg). "Observatoire des politiques économiques en Europe" series. 2002, 333 pp, 22 euros. ISBN 2-86820-201-2.
As seen here by an analyst, there are several aspects to citizen identity. Religious, when the link is assured by "everyone belonging to the same religion". Cultural, when there is a shared language. Political, when frontiers restrict the scope of application of and subjection to sovereign law. Military, when the Prince's hand protects the restricted area. Sociological too, when citizens' behaviour finds a common denominator for living together. Also a legal facet, when the principle of equality between members is the norm. And finally, and this is the subject of this book, an economic facet when "the social link is made concrete by the existence of a currency jointly accepted by all agents". Against a historic and business backdrop, the authors aim to "study how the introduction of a single currency can make a significant contribution" to the development of a European identity.
History tends to show that the introduction of a common currency in several countries is accompanied, and sometimes follows, the emergence of common political power. That said, if East Germans are not challenging their forming part of a united Germany, despite the problems they are having with the currency, the European model is, on the contrary, characterised by the absence of any combination of the economic benefits of the euro and the feeling of belonging to a national community. Only the first element seems to be present, but appearances do not reflect reality, which is more complex and subtle than some populist or eurosceptic arguments (when the two do not go together). Should the euro be reduced in effect to an "economic benefit" for its users? The authors state that it is wrong to imagine that users only see an economic advantage. Moreover, this position paves the way for two major dangers. Not only would a chronic weakness or a sudden fall in the single currency expose it to a great risk of demise, but the European project would also find itself weakened by such a lack of popular support.
In the first part of the book, it is explained how the euro acts as a vector for making social links between citizens. A phenomenon that leads them to develop a feeling of belonging to a society. The authors consider the various roles of the single currency. A strong euro can be seen, for example, as an instrument for economic battle and calming the fears raised by globalisation or the great US juggernaut. A federating Vercingetorix, in a way, challenging the Roman legionaries. The second part of the book focuses on the importance of the euro as an integrating factor "forming an organisation that Europeans can identify with". The impact of the European Central Bank is analysed, along with the sensitive context in which it emerged: "Everything takes place as if the euro and the ECB had been created by the expulsion of politics from monetary affairs". On another level, the organisation of macro-economic policies is also a vector for creating an identity. The centralisation of monetary policy "expresses a desire to encourage the development of feeling one has a European identity by creating a European monetary decision-making power while showing consideration for the feeling of national identity by preserving national budget decision-making powers". Another field explored by this study is "budget solidarity as a vector of European identity". Lack of it, combined with an unfavourable macro-economic climate, would greatly erode away at the European giant's feet of clay, to the extent possibly of removing them. Finally, a type of European identity can be seen "through centralisation of pay negotiations within the EMU". Built on the model of the German Central Bank, the Bundesbank, the ECB is reported to have the virtue of achieving the social consensus that Goethe's homeland so effectively fashioned for such a long time.
Religious, cultural, political, military, sociological, legal and economic facets… So many areas of cohesion that are forging and consolidating a national or Community identity. Would this mosaic face be disfigured if one or more of its facets were removed? Not necessarily. Europe doesn't have to be Christian in order to exist, for example. No doubt it's a different story for the single currency. The authors ask whether "European cohesion is the consequence of or the precondition for the success of the euro"? The challenge, which this book describes as realistic, lies in understanding that one can marry nation and community in citizens' hearts. This is probably the cornerstone of all debate around integration.
Alain Dremière
*** HARALD BADINGER, BARBARA DUTZLER: Excess Reserves in the Eurosystem: An Economic and Legal Analysis. Research Institute for European Affairs, University of Economics and Business Administration (39-45 Althanstrasse, 1090 Vienna. Tel: (43-1). 31336-4133 - Fax: 31336 -758 - E-mail: europafragen2@wu-wien.ac.at). "IEF Working Papers", No. 44. 2002, 85 pp, 7.20 euros.
The introduction of the single currency had a direct impact on the level and composition of international currency reserves within the eurosystem. According to some estimates, these reserves may be reduced by between a third and a half today. The authors of this study assess the size and composition of existing reserves and discuss the legal issues surrounding them. They look at case studies of Switzerland, which has experienced excess gold reserves, and Norway, with its budget surpluses because of oil revenue, before comparing the two countries and considering the question of the current excess currency reserves in the eurosystem. They end by putting forward options for using up these surpluses, providing a brief outline of existing literature in this connection. (MF)
*** J. M. IRIGOYEN: Business management factors and performance across countries. European Commission (Enterprise Directorate General, Information and Communication Unit. Fax: (32-2) 2969930 - E-mail: entr-information-communic@cec.eu.int). "Enterprise Papers", No. 10. 2002, 45 pp.
This publication makes an analysis of the relative business governance performance a selection of 47 countries, including the United States, Canada, the fifteen EU countries, other OECD members, Japan, Taiwan, Hong Kong, Singapore, and a handful of African and Latin American countries. Based on the thirteen basic indicators of the "Global Competitiveness Report", the analysis stipulates that individual business management skills are the key factor for the economic success of the countries studied, and also a key trump card for analysing the entrepreneurial policies specific to each country. Hence investing in business management training would be a tool for political classes wanting to improve their country's economic ratios. One of the keys to understanding this study is that a series of well defined indicators that are sometimes latent but always measurable must form the basis of the different business outcomes achieved. The study concludes by ranking the countries in more or less homogenous clusters of comparable countries in terms of performance, business management skills and entrepreneurial freedom, thereby aiming to determine a scientifically measurable cause and effect relationship between business education and achieved results. (PBU)
*** MAYA BOUREGHDA: La défaillance des conglomérats financiers internationaux. Pédone (13 rue Soufflot, F-75005 Paris). 2002, 344 pp, 30 euros. ISBN: 2-233-00412-4.
International financial conglomerates have long been seen as impregnable citadels. Recent news, about the company Enron for example, has exposed their Babylonian foundations. As the former Rector of the Strasbourg Academy, Jacques Béguin, explains in the preface, "the danger to the balance of the international financial system that the taking of excessive risks and the potential collapse of big banks or financial companies pose is not longer a theoretical danger". Marrying analysis with forecasting, the author looks at financial collapses both from the viewpoint of dealing with them and how to prevent them. The latter is both necessary and being sought, as recent events have shown, but has proved difficult to achieve since the development of conglomerates makes it impossible to apply the management rules that were drawn up for a single sector. As for ways of dealing with such situations a posteriori, they are governed by the common law of collective procedures to which there are generally derogations. Maya Boureghda gives her book a French flavour without neglecting the most recent international aspects of the issue. This is a book that is undoubtedly aimed at professionals who understand the law governing financial activities and other areas. Maya Boureghda is a lawyer at the Court. She gained her law doctorate in 2000 and is now working for an Anglo-Saxon law company. (AD)
*** Revue des Affaires européennes - Law & European Affairs. Alain Mys publications (12 Graslei, B-9000 Ghent. Tel: (32-9) 2236471 - Fax: 2231364). 2001-2002, No. 4, 81 pp, EUR 85. Annual subscription: Euro 295.
As illustrated by Professor Catherine Kessedjian (University Pantheon-Assas) in her introductory contribution, specialists in international private law who could have predicted that their very subject would one day enter centre stage in the creation of European normative standards? This is indeed the case since the Treaty of Amsterdam and Article 65 contained within it, which has Communitised international private law. This is the focus of interest in this edition in the Review of European Affairs (the magazine consistently provides a serious analysis of European affairs), which clarifies certain specific aspects, as well as the crux of the problems. Professor Sylvaine Poillot-Peruzzetto (University of Toulouse I) and Anne Marmisse (Senior Lecturer at the same university) therefore tackle the subject of international and Community private family law (Brussels II Regulation), while Professor Michael Bogdan (University of Lund, in Sweden) unravels the different aspects of the Regulation on bankruptcy and Emeritus Professor Struycken (Catholic University of Nijmegen) analyses international private Community law via third countries, particularly by way of the Hague Conference, which usually deals with attempts to unite this law. Three contributions also examine the application of Community papers on general contracts (Michael Wilderspin, from DG Competition at the Commission), contracts on consumer based issues (Michel Van Huffel, also an official at the Commission) and infringements (Rui Manuel Moura Ramos, Judge at the Court of First Instance). In her contribution, Catherine Kessedjian looks at the controversy currently surrounding the issue of the future place for international private law in European construction, which pits specialists of international private law, who are used to the cohabitation of different legal systems, with the specialists of material Community law, who are more geared to market integration and the construction of an area without internal borders. (MT)
*** HELENE GAUDEMET-TALLON: Compétence et exécution des jugements en Europe. Règlement n° 44/2001, Conventions de Bruxelles et de Lugano. Librairie générale de droit et de jurisprudence (31 rue Falguière, F-75741 Paris Cedex 15. Tel: (33-1) 56541600 - Fax: 56541649 - E-mail: info@eja.fr - Internet: http://www.lgdj.fr ). "Droit des affaires" series. 2002, 563 pp, 49 euros. ISBN 2-275-02274-0.
This book is now in its third edition and completes and extends the previous versions since it focuses on three texts - the Brussels Convention of 27 September 1968, Regulation 44/2001 of 22 December 2000 incorporating and amending it, and the "parallel" Lugano Convention extending the Brussels Convention to Switzerland, Norway and Iceland, and, since 1 February 2000, to Poland - aiming to ensure the creation of a genuine "European judicial area" for civil and commercial law. Lecturer at the University of Panthéon-Assas and current President of the Comité français de Droit international privé and the Groupe européen de Droit international privé, Hélène Gaudemet-Tallon makes a meticulous analysis of the texts, clearly indicating for the Brussels Convention the changes made to the initial version. She also studies the European court of Justice's case law that has clarified it over time. For the Lugano Convention, the author examines the general problems raised, in particular by how it meshes with the Brussels Convention. This study is reserved for specialists. It is designed from a purely French perspective, with few references to case law or doctrinal opinion from the other countries concerned. (MT)
*** REINER SCHULZE, HANS SCHULTE-NOLKE, JACKIE JONES (Editor): A case book on European consumer law. Hart Publishing (Abingdon Road, Oxford, OX1 4LB. Tel: (44-1865) 245533 - fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http: //http://www.hartpub.co.uk ). 2002, 333 p.. ISBN 1-84113-227-6.
The increasing development of legal standards at a Community level has produced a flood of legislation for the different national legal systems. More and more part of the daily routine, these papers are now necessary in the regulation of disputes involving natural and legal persons. This publication also looks at the main decisions of the European Court of Justice on consumer protection. Around twenty case studies are analysed in five distinct sections: "proceedings in international law", "freedom of movement of goods and services", "law on consumer contracts", "description of goods" and "product safety and liability". Each case is studied and accompanied by a detailed analysis and a classification of the legal implications. Reiner Schulze is a Lecturer in European private law at the University of Munster. Hans Schulte-Nölke teaches German public law and legal history at the University of Bielefeld. Jackie Jones is Head of Community law at the University of the West of England. This book would definitely be of interest to students and those practising in the legal profession. (AD)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985, Luxembourg, http: //publications.eu.int) has published the following document:
*** InfoRegio Panorama. DG Regional Policy (41 Avenue de Tervuren - B-1040 Brussels. Fax: (32-2) 2966003. E-mail: regio-info@cec.eu.int - Internet: http: //europa.eu.int/comm/regional_policy/ index_en.htm). December 2002, No. 8, 15pp. Free subscription.
Solidarity and cohesion are the two European policy slogans when it comes to economic and social cohesion. The EU is planning to extend them to all its regions. This issue considers ways of actually carrying this out in mountainous regions. According to the President of Euromontana, the European association for cooperation between mountainous regions, Frank Gaskell, "achievements have been encouraging" but have to continue. He argues that "neglecting mountainous zones is not only a moral fault, but is also an irresponsible attitude from the economic viewpoint". Other subjects covered include "North-West Europe", Slovenia's success story, "Burgenland, gateway to Eastern Europe", "the EU's new solidarity fund" and "Andalucia tackling the digital divide".
*** Documents. Revue des questions allemandes. (50 rue de Laborde - 75008 Paris. Tel: (33-1) 43879042 - Fax: 42935094. E-mail: bild.documents@wanadoo.fr). November 2002, 57th year, special issue. Price: 9.15 euros.
"Europe, peace, Victor Hugo, Marc Sangnier and now?" and "Documents from the Franco-German conference in Besançon" are the opening articles in this special issue of the Review of German Issues. The personalities of the two great men, and their desire to promote peace, are analysed in a series of prestigious articles. The contents page of this issue lists the following titles: "Marc Sangnier (…) or the dream of a society of peoples", "1923: the Freiburg Peace Conference", "the problem of Franco-German reconciliation" "the SDN, peace and Europe", "Victor Hugo, Europe and peace", "comparative view of school history book in France and Germany", "France's European policy as seen in Germany", "Germany's European policy as seen from France" and the final article: "Germany and France - engines of European unity".
*** The Federalist Debate. Papers for Federalists in Europe and the World. (26 Via Schina - I-10144 Turin. Tel/Fax: (39-11) 4732843 - E-mail: federalist.debate@libero.it). November 2002, Year XV, No. 3, 64 pp. Annual subscription: 15 euros.
To summarise, the editorial by Lucio Levi is entitled "The Unsatisfactory Response of Johannesburg to the Environmental Challenge". Other subjects tackled include the setting up of a Global Parliamentary Assembly, lessons of the past in the Iraq crisis, reform of the United Nations and the Japanese, Europe and its need for government by Fernand Herman, "the inevitability of a federal union", a mention of James Madison, founding father of the US Constitution and an appeal to the Ventotene Convention of young federalists for a federal Europe. There are a number of reviews, and an interview with Bruno Boissière, the Secretary General of the UEF, which closes this issue.
In brief
*** Courrier économique et financier. KBC, December 2002, No.10. Brussels. Included in the titles of this issue are: "The International Situation: the engine's spluttering" and "the cycle of stocks was going up while the investment recovery ran out of breath". *** Benelux Newsletter. 2002, No 5. Brussels. The key point in the summary of this issue is found in the interviews of the current and outgoing presidents of the Benelux Parliament. We can also read an exposé of the traded training programmes, the activities of the Delta Rhin-Escaut and Flessingue pilot groups, the signing of the Escaut and Meuse agreements, the presentation of the Benelux Parliament and the legal framework. *** Focus sur la Flandre. No. 2 of 11 January - 17 December 2002. Tielt. In the summary of this publication we can find, "the employment map for young Flemmings leaving the education system", the possible condemnation of the federal agreement on airports and the bankruptcy of the Sofitex group. *** Go Magazine. November 2002, No. 9. Paris this issue looks at the integration of European financial services, the creation of a "single passport" in the area of prospectuses, European companies preparing for the new accounting standards and, finally, 400 years of Dutch society in the East Indies.