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Europe Daily Bulletin No. 8542
Contents Publication in full By article 33 / 34
WEEKLY SUPPLEMENT / European library

No. 565

*** BRENDAN P. G. SMITH: Constitution Building in the European Union. The process of Treaty Reforms. Kluwer Law International (Distribution Centre, PO Box 322, NL-3300 AH Dordrecht. sales@kli.wkap.nl - Internet: http: //http://www.kluwerlaw.com ). "European Monographs", No. 29. 2002, 285 pp., 90 euros, £57, $83. ISBN 90-411-1695-8.

Based on a doctoral thesis for the London School of Economics supplemented during time at the European Studies Center of Harvard University, this book is published at just the right time. At the beginning of October, a new Intergovernmental Conference will take its place in the building of the European project. The fact it was preceded by the Convention, an unprecedented event, clearly changes things with regard to the constitution. All the same, the IGC will play its part in a history where it is useful to take a step back to understand the full meaning and direction. This is what the author invites readers to do in a most brilliantly.

Usually, research looking at Intergovernmental Conferences focusses on the end stage and outcome. Brendan Smith takes the opposite approach, looking at the beasts as a whole, interpreting them and their range of outcomes in a wider political context taking better account of the different stages in a permanently changing process whose ups and downs have shaped the European project and brought us to the current situation. To this end, the author starts by defining the IGC - he argues that it can be a legal construct, specific and/or constitutional - and by providing a general picture of the negotiation process that prevailed in previous constitutional IGCs. In the second chapter, he points out that IGCs to date have often been assessed in terms of neo-functionality and intergovernmentalism, interpretative instruments he prefers to replace with the incremental model which, in journalese, would be a negation of the idea that rolling stones gather no moss. This interpretation key is then used to assess each of the eight constitutional IGCs that have taken place in the European project from the 1950s to the present day, apart from the one that is about to start under Italian Presidency. He reviews the first four IGCs, marked by two successes (the European Community of Coal and Steel, then the European Economic Community and Euratom) and two failures whose repercussions are still felt today (the European Defence Community and the Political Europe outlined in the Fouchet Plan). He then embraces the period of constitutional sterility stretching from the beginning of the 60s to the middle of the 80s. The next three chapters look at the negotiations over the Single European Act, the Maastricht Treaty, the Amsterdam Treaty and finally the Nice Treaty, which bore witness in the author's eyes to an institutionalisation of the IGCs and from there to a virtually permanent constitutional process. The upcoming IGC tends to confirm the relevance of this statement although the irruption of the Convention in the constitutional process will probably lead the next and later IGCs (and therefore their government protagonists) to make changes.

Michel Theys

*** L'Europe en formation. Les Cahiers du fédéralisme. Centre international de formation européenne (Cife, 10 av. des Fleurs, F-06000 Nice. Tel: (33-4) 93979397 - Fax: 93979398 - europe.formation@ wanadoo.fr - Internet: http: //http://www.cife.org ). 2003, Nos. 3-4, 294 pp. Annual subscription: 30 euros.

This issue of the publication launched by Alexander Marc looks at the latest theses by students for the diploma of the Hautes Ecoles européennes et internationales at the end of the 2002 academic year: relations between France and Germany, the role of national parliaments in European politics, the political and energy aspects of the geopolitics of the Caucasus Sea region and the issue of minorities in Hungary and Romania. The Convention is also looked at, with Hartmut Marhold describing its high and low points, and Vlad Constantinesco writing brilliantly bold lines on the adoption of the Constitution in the light of the US experience.

(MT)

*** LIESBETH HOOGHE: Europe divided? Elites vs. Public Opinion on European Integration. Institut fûr Höhere Studien (56 Stumpergasse, A-1060 Vienna. Tel: (43-1) 59991-237 - Fax: 59991-555 - Web: http: //whttp://www.ihs.ac.at ). "Reihe Politikwissenschaft - Political Science Series", No. 88. 2003, 26 pp, 6 euros.

Good old common sense (rather than paying attention to political rumours) tells those with open ears that the elite do not see the benefits of the European project in the same light as public opinion, the latter being more hesitant. This rather vague impression is taken as the starting point for a short book in which Prof. Liesbeth Hooghe rigorously puts figures to the fundamental differences between leading elites and the people whose lives they are meant to govern. In April 2003, 93% of national elites favoured the European project, but only 53% of public opinion appears to believe that their country joining the EU was a good thing. What about differences of views in specific areas? What happens if we tighten the analysis by looking at three different categories of people rather than the two first (intuitively) considered, the "Commission elite" and "national elites", adding so-called "public opinion"? From table to table, diagram to diagram, the dichotomy gradually shows its face, ending in the observation that if there is division - and this division is said to look like a gaping hole - between European political milieus and public opinion, this does not spring at all from an overall idea (for or against Europe, integration, loss of national autonomy, etc) but rather a gigantic gulf between political elites focussing on functionality, facilitating trade, and the mass of Europeans who, while not opposing the idea of integration itself in any way, want to ensure that the elites set up social, environmental and industrial safeguards to make (or fail to make) Europe an area to live in, which it seems, if one trusts the diagrams reflecting public opinion, to be a common dream.

(FOc)

*** ANNETTE MAYER: Ordnungspolitik und Europäische Integration. Eine institutionenökonomische Analyse. Peter Lang (15 Jupiterstr., CH-3000 Berne. Tel: (41-32) 376 1717 - Fax: (41-31) 9402131 - Internet: http: //http://www.peterlang.de ). 2002, 567 pp, 65.20 euros. ISBN 3-631-39935-9.

The new institutional economy and the publish choice theory form the theoretical basis to this academic research project into the European Union's political system. The author, who has a degree in economics from Berlin Technical University and is a researcher at the Brandenburg Technical University in Cottbus, looks at the construction of the European Community and its reforms. Annette Mayer attempts to construct a synthesis between Friedrich Hayek's evolutionary approach and James Buchanan's contract theory, using this to suggest a new constitution for the EU and new competencies for its institutions. She argues that a new type of federalism, dynamic, competitive and functional and "functional, overlapping, competing jurisdictions" could lead at the European level to concrete improvements respecting both citizens' freedom and the logic of the market. Should the European Union itself become a series of competing communities? The study is very abstract at times, but interesting and provocative.

(PB)

*** GÜNTER MARDUS: Zur bisherigen und zukünftigen Rolle der europäischen Nationalstaaten. Peter Lang (see above). "Europäische Hochschulscriften" series, No. 442. 2002, 216 pp, 33 euros. ISBN 3-631-38692-3.

The début on the role of Nation States in globalisation in general and in the Union in particular is continually stoking up an array of academic theories. In his political science doctoral thesis at the Free University of Berlin, Günter Mardus looks at the traditional concepts of the modern national state and the evolution of European integration. Based on elements of federalism in Switzerland, Germany and the United States, the author briefly develops his idea of a European Union as a federation of nation states. Unfortunately, his reflections - which focus on the right of veto of the national constitutional courts in European affairs, double and national European mandates for MEPs and the transformation of the European Council in the constitutional Council of the Union - are disappointing and not very innovative, the book fails to offer any new perspectives.

(PB)

*** PAOLO DE CARLI: Sussidiarietà e governo economico. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan - Internet: http: //http://www.giuffre.it ). "Università degli Studi di Milano, collana diritto pubblico" series, vol. XII. 2002, 375 p., 27,50 euros. ISBN 88-14-09805-0.

A Senior Lecturer in economic law at the University of Studies in Milan, Paolo De Carli examines his this book, the relation between the principle of subsidiarity and economic governance. Following a brief theoretical introduction looking at the principle of subsidiarity in the treaties of the European Union and some reflections on federalism, the author analyses in a very detailed way, the process of the decline in the state and subsidiarity in light of decentralisation and regionalisation in Italy, effects on services of general interest (banking, social, health sectors) and privatisation. This book would prove interesting to those who are seeking to better understand the implications of the subsidiarity principle in a national context.

(PB)

*** ALESSANDRO COLOMBO, NATALINO RONZITTI (Ed.): L'Italia e la politica internazionale. Edizione 2003. Il Mulino (Bologna. Internet: http://www.mulino.it ). 2003, 349 pp, 26 euros. ISBN 88-15-09424-5.

The fourth volume of this publication by the Istituto Affari Internazionali and the Istituto per gli Studi di Politica Internazionale looks at political and business events in 2002, a year marked by the consequences of the attacks of 11 September 2001 and also, as editors Colombo and Ronzitti point out in the introduction, by scandals involving companies like Enron, Worldcom, Global Crossing, Qwest and Tyco. Twenty-odd authors consider the global war on terror, one year on; the difficult challenges facing the global economy tossed between economic imbalance and geopolitical risk; and terrorism, crime and the financial markets, the international set-up and the Italian situation. On the Berlusconi government's foreign policy, Roberto Aliboni (IAI) describes the emergence of a policy whose trends and characteristics diverge from tradition, a policy of national assertiveness based on intense bilateral diplomacy, strongly linked to the priority of preferential relations with the United States.

In terms of the Italian government's European policies, Ettore Greco and Raffaello Matarazzo (both from the IAI) comment in a chapter on the Convention that Silvio Berlusconi's team holds a prudential line, refraining from presenting their own proposals for reform, with the stated intention of developing a role as mediator, with one eye in particular on the six months of the Italian Presidency. Persistent contrasts concerning European policy in the majority parties restricted capacity for action and proposal for the executive on European constitutional issues, note the authors, admitting however that Gianfranco Fini had "coherently" followed the Convention, explicitly supporting most of the proposals aiming at greater integration of EU policies, starting with the CFSP, and strengthening EU institutions.

Prof. Bruno Nascimbene analysed Italy's new immigration legislation, saying that the severity of the Bossi-Fini law could be whittled away in time by compromises and broad interpretation to severity in appearance, bringing it closer in substance to existing discipline. The last part of the book outlines developments in regions of the world, "imposed as vital for global balance and political and economic stability", from the Middle East to Latin America via the Persian Gulf, the Caucasus and central and southern Asia.

(MG)

*** RENAUD DENUIT: Passé récent, futur présent. Regards sur la politique belge et internationale 1975-1993. Editions Havaux (37c rue Auguste Levêque, B-1400 Nivelles. Distribution: Vander, 321, avenue des Volontaires, B-1150 Brussels). 2003, 185 p.. ISBN 2-8008-0085-2.

To cite Homer and place Berlin at the centre of a renaissance of Mittel-Europa is in effect describing the past to best describe the future. Excellent book for those who believe that the present and future are built on the ashes of the past. It reflects on the fertile but cool subject matter and is an interesting data bank for all those who think it useful to replonge into analyses of the past - as a source of the future - by a former but sometimes visionary journalist. The book could also, however, be described as a vain intellectual exercise by readers for whom dynamic change is what counts. What a shock to read in 2003: "there are still a few weeks left to the visit to Israel of Anouar El Sadate (...)" ! Nevertheless, this is the web of history woven for us and which keeps us holding our breath today in the age of televised news. 185 great pages for those who believe in the force for the recent past, to build the present future.

(FOc)

*** EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following documents:

*** Inforegio panorama. DG Regional Policy, "Information and Communication" unit (41 av. de Tervuren, B-1040 Brussels. Fax: (32-2) 2966003 - E-mail: regio-info@cec.eu.int - Internet: http: //europa.eu.int/comm/dgs/regional_policy/index_fr.htm). June 2003, No. 10, 15 pp.

Available in the eleven languages of the Union by e-mail, this magazine on this occasion deals with towns and European policy, as well as their role in the construction of a Europe of solidarity. It takes the form of an interview of four eminent representatives from the "Cities for Cohesion" network. There are also articles on the progress in the development of the management of the Structural Funds and on the action of the Instrument for Structural Policies for Pre-Accession (ISPA) in central and eastern Europe. Inforegio also calls for an exploration of Poland and the German region of Saxe-Anhalt.

*** Liaisons sociales Europe. Groupe Liaisons (1 Avenue Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-825) 825371 - Fax: (33-1) 44722027 - Internet: http//http://www.ls-europe.com ). July 2003, No. 84, 8 p., 31 euros. Subscription: 757.58 euros.

This issue begins with recommendations made by the European social partners who met last June in an effort to manage restructuring taking place in Europe. Recommendations that when officially adopted, will be sent to the Commission in response to the consultations it launched in 2002. The main points of the document, as well as the possible implications on Commission are examined. A Swedish study looks at the impact of redundancies on health and life expectancy for workers who made the transition towards the second main subject in this edition, the application of the "health and safety in the workplace" framework directive. Since 31 December 1992, the official date of the directive's implementation, it has not been effectively transposed at a national level.

*** Südosteuropa Mitteilungen . Geschäftsstelle der Südosteuropa-Gesellschaft (49 Widenmayerstrasse, D-80538 Munich. Tel: (49-89) 21254-0 - Fax: 2289469 - E-mail: suedosteuropa-gesellschaft@t-online.de - Internet: http://www.suedosteuropa-gesellschaft.com ). 2003, No 2, 112 p., 10 euros. Subscription: 50 euro.

The articles by Südosteuropa are always accompanied by a brief biography of the author and summary in German or English. Michael Steiner focuses on the example of Kosovo from which he formulates seven principles for the peace keeping missions. Other subjects tackle organised crime, responsible for the death of Zoran Djindjic, and its links with the political establishment, the situation of the church in Romania since 1989, the situation of the Roma population in this country, the view held by minorities in Bulgaria on history books of Bulgaria.

*** Politica Exterior. Estudios de Politica Exterior SA (6 Padilla, E-28006 Madrid. Tel: (34-91) 4312628 - Fax: 5777252 - E-mail: revista@politicaexterior.com). 2003, No. 94, 174 pp., 10,50 euros. Subscription: 87 euros.

As well as analysing the elaboration process of the results of the Convention, Politica Exterior also tackles a number of subjects such as the evolution of the USA and the "Conservative revolution" of Bush, Iraq, radical Islam in Morocco, the relative reduction in tension between India and Pakistan, as well as the AIDS and SARS.

*** Economia Exterior. Estudios de Politica Exterior SA (see address attached). 2003, No. 25, 166 p., 13 euros. Subscription: 66.50 euros.

This journal, an offshoot of Politica Exterior, examines the internationalisation of the Spanish economy and in this issue focuses on Italy at the moment that this country begins the Presidency of the Council of the Union. Italy's place in Europe and the world, its economic and regional policy, as well as certain trade links it has with Spain are put under the microscope.

Reviews in brief

*** CGA Contact. Fédérations des Centres de Gestion Agréés (Paris. Tel: (33-1) 42679809). Information Journal and Advice for SMEs. *** IPPF European Network: Annual report 2002. International Planned Parenthood Federation (Brussels. Tel. (32-2) 2500950). Annual Bulletin of an NGO in the field of healthcare, sexual rights and family planning

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