*** GILLES DE KERCHOVE, ANNE WEYEMBERGH (Eds.): Sécurité et justice: enjeu de la politique extérieure de l'Union européenne. Editions de l'Université de Bruxelles (26 av. Paul Héger, B-1000 Brussels. Tel: (32-2) 6503799 - Fax: 6503794 - editions@admin.ulb.ac.be - Internet: http: //http://www.editions-universite-bruxelles.be/ ). 2003, 325 pp, 30 euros. ISBN 2-8004-1321-2.
The outcome of an international conference on the European penal area and the world at large, this collection of essays by 23 academic experts and high-ranking officials, supplemented by a preface by former Belgian Justice Minister Verwilghen and a concluding essay by Commissioner Antonio Vitorino, demonstrates with remarkable clarity that the European Union is gradually turning into a genuine power in the penal field, or at least a player with which non-EU countries and international organisations want to cooperate. Marc Verwilghen comments that if this is the case, it is because in recent years the European penal area has acquired 'its own existence and identity'.
The European arrest warrant and Eurojust, before the Amsterdam Treaty, were nothing but a pipe dream. This affirmation of Europe in the penal domain has been aided by two factors - enlargement on the one hand, and increasing credibility of the European penal area on the other.
In the first part of the book, Adam Lazowski and Wenceslas de Lobkowicz show that adapting to European Union standards with regard to justice and home affairs has been (and remains) one of the most difficult challenges facing candidate countries in that, as Serge de Biolley points out, they also had to radically 'change the behaviour of the players in order that police and justice action reach the level required by the rule of law'. Despite 'unprecedented effort' by the candidate countries, Gilles de Kerchove, a high ranking official at the Council General Secretariat, notes that quite some distance remains to be covered, with the Commission's regular reports drawing a contrasting but nevertheless worrying picture of the level of preparedness of the candidate countries in this area. Henri Labayle provides evidence of this, noting a degree of instrumentalisation of JHA to higher geopolitical ends, namely quick accession of the candidate countries which will not fully meet th! e requirements of the EU acquis as a result, depending on the country, of endemic corruption, insufficient protection of minority groups, lagging seriously behind in terms of the legal system and other reasons.
Hence the importance, in the authors' view, of foreseeing alongside the specific safeguard clause for legal matters suggested by the European Commission, tough but unavoidable accompanying measures. Other essays highlight the need to build sustainable mutual trust, which will require the definition of minimum procedural guarantees, the development of further training for judges and the creation of a quality assessment method for measuring justice in all the Member States.
In the second part of the book, the authors first explain that the protection of the European legal area has a dual objective - ensuring additional security (it being of little importance whether threats come from inside or outside), and promoting a series of values in the framework of foreign policy. This dual dimension is illustrated in the light of two agreements, on penal cooperation and extradition, between the European Union and the United States, on the one hand, and then on relations between Switzerland and the EU in the administrative and legal domains. The book goes on to assess the considerable extension of this area of the European project, identifying 'serious weaknesses' that still remain, and concluding, in fine, that the draft Constitution drawn up by the Convention would provide useful solutions. This book is far too rich to be adequately described in this short introduction…
Michel Theys
*** MALCOLM ANDERSON, JOANNA PAPA (Eds.): Police and Justice Co-operation and the New European Borders. Kluwer Law International (P. O. Box 85889, 2508 CN The Hague, The Netherlands. Tel: (31-70) 30801552 - sales@kli.wkap.nl - Internet: http: //http://www.kluwerlaw.com ). "European Monographs", No. 40. 2002, 303 pp. ISBN 90-411-1893-4.
When the Berlin Wall fell, Western Europeans felt that the European Union should open its doors in the short or longer term to cover the whole of Europe in line with the pledge made in the Treaty establishing the EU. Raising the question of borders seemed out of place in the feeling of euphoria that existed at the time. The end of the Cold War gave the EU the opportunity to take a central place in the constitution of a new order for Europe, freed of rivalry between hegemonic superpowers. The problem of borders raises vital questions, however, with regard to internal and external security. Article 2 of the Treaty of the European Union refers to the establishment of an area of freedom, security and justice. This objective aims to ensure genuine freedom of movement for all people living in the European Union, while acknowledging that the free circulation of individuals only makes sense in a safe environment, firmly rooted! in an effective legal system. In the context of enlargement, how can a reasonable balance be struck in the European project between security and freedom? The Member States are concerned at the potential effects of enlargement to the East with regard to internal security. With the coming into force of the Amsterdam Treaty, the Schengen acquis have become part of the overall EU acquis so the candidate countries do not have the option of not joining Schengen. They will join Schengen in two phases - stepping up external border controls, followed by scrapping internal border controls. This will have a big impact on the new Member States and also on countries not joining the EU. New Member States' desire and aptitude for respecting the Schengen requirements and other JHA measures will decide how security is viewed within the EU and the EU will have to ensure that the Schengen requirements remain valid. It will also have to devise an immigration policy transcending short t! erm interests and the timetables of national political life in order to ensure better coordination with wider foreign policy and security objectives.
This book attempts to answer the question of how to create a climate of confidence in police and justice cooperation, combatting terrorism, organised crime and human trafficking and how to ensure full and complete implementation of justice and home affairs measures in the new Member States. It includes essays by a number of players and political decision-makers, advisers and experts from all regions of Europe.
(MFa)
*** JOHN VERVAELE, ANDRE KLIP (Ed.): European Cooperation between Tax, Customs and Judicial Authorities. Kluwer Law International (see above). "European Monographs", No.32. 2002, 302 pp. ISBN 90-411-1747-4
In this specialist monograph, lecturers John Vervaele and André Klip, with a team of researchers from Utrecht University, examine cooperation between the European Union and its Member States in combatting fraud attacking the European Community's financial interests. They analyse the prevailing situation in tax, customs and agriculture, focussing on four Member States, namely the Netherlands, Germany, France and the UK (concentrating in the UK on Wales and England). After making a comparative analysis of the different countries' relevant legislation and practices, the authors make concrete recommendations for making administrative cooperation and penal cooperation more effective throughout the EU's Member States.
(IDo)
*** HENRY G. SCHERMERS, DENIS F. WAELBROECK: Judicial Protection in the European Union. Kluwer Law International (see above). 2001, 889 pp. ISBN 90-411-1631-1
In the second edition of this specialist study, Prof.Henry G. Schermers of Leiden University and lawyer Denis Waelbroeck give a detailed overview of legal protection in the European Union. They add comments and specific case law. Before demonstrating the ins and outs of how EU law is applied by national legal systems and legal protection against laws issued by the European Institutions and the Member States, the authors look at the sources of the EU's legal system, like measures included in the Treaties, general legal principles, case law of the European Court of Justice, standard practice, etc. They then examine the non-judicial powers of the Court of Justice in Luxembourg, describing its structure, rules, operations and procedures. The final chapter is given over to a description of the organisation and specific procedures at the Court of First Instance The book provides students with an overview of the European le! gal system and also would be a valuable guide for EU law professionals.
(IDo)
*** JACQUES FLOCH: L'avenir d'Europol: vers une police criminelle européenne? Délégation pour l'Union européenne de l'Assemblée nationale (Kiosque de l'Assemblée nationale, 4 rue Aristide Briand, F-75007 Paris. Tel: (33-1) 40636121 - Internet: http://www.assemblee-nationale.fr ). "Les documents d'information de l'Assemblée nationale", No. 819. 2003, 66 pp, 3.50 euros. ISBN 2-11-116632-4.
Established on the initiative of Chancellor Helmut Kohl, who in 1988 called for the creation of a kind of European federal police system, the European Police Office (better known as Europol) got up and running in 1994. The Europol Convention came into force in 1998, boosting Europol's budget and workforce. The Office's powers were extended and in recent years, it has been able to sign bilateral agreements with organisations outside the EU. Initially, Europol was based on a French concept, acting as no more than a centralised data exchange system governed by intergovernmental cooperation rules, with each country retaining full operational powers. Over time, however, Europol has changed, particularly since the Amsterdam Treaty, in the direction that was championed from the start by Germany, namely the gradual setting up of a genuine European police force to tackle crime, a kind of European FBI, based on the model of Germ! any's Bundeskriminalamt. The Convention is encouraging further developments in this direction by suggesting that Europol be transformed into a coercive European authority. In this report, Jacques Floch takes note of this development, commenting that the development of Europol's operational capacities has not been accompanied by tighter political and legal controls over the European Police Office. The French deputy puts forward twelve recommendations to remedy this situation without damaging Europol's effectiveness. He also wants France to make greater use of Europol.
(IDo)
*** THIERRY MARIANI: Quelle politique d'asile pour l'Europe? Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Rapport d'information", No. 817. 2003, 141 pp, 5 euros. ISBN 2-11-117105-0.
Sangatte refugee centre symbolised the inadequacy of European cooperation over asylum policy. It also illustrated the extent to which the rights granted to asylum seekers differ from one country to the next. Sangatte enables us to understand why, in the author's view, harmonisation of asylum policy is essential. At the start of the report, Thierry Mariani gives a history of the way the European Union gradually got involved in asylum matters, from Schengen to Nice via Maastricht and Amsterdam. According to the French deputy, the foundations of European asylum policy have been established, but integration leading to a common system has not yet been achieved, despite signals in this direction from the 1999 Tampere European Council. He comments in passing that most Members of the European Convention called for solidarity and a fair sharing of responsibilities, along with institutional reforms - a greater role to be played! by national parliaments, integrating the European Charter of Fundamental Rights and so on - to strengthen European asylum policy. Thierry Mariani then considers progress to date - the setting up of a European Refugee Fund, directive on temporary protection in the event of a massive wave of immigrants and the directive on family regrouping, the Dublin II regulation, etc - noting that the directive on access conditions for asylum seekers lacks sufficent harmonisation in his view. At the end of his report the author considers how a refugee is defined and the procedures for granting or withdrawing refugee status.
(NJo)
*** JEAN-PAUL CERE (Ed.): Panorama européen de la prison. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris). "Sciences criminelles" series. 2002, 256 pp, 21.35 euros. ISBN 2-7475-2520-1.
Prison is by definition a closed environment and has always been an area little understood by the general public. This book by a senior lecturer at the University of Pau and the Pays de l'Adour in France, lifts the corner of the veil concealing this universe, casting a piercing eye over how it works and its burdens, that we sometimes consider as reserved for some far off tropical island. Executive secretary at the Council of Europe, Geneviève Mayer first looks at the little known but vital work of the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment, followed by Françoise Tulkens' consideration of prisons in the light of the jurisprudence of the European Court of Human Rights (where she is a judge). The picture emerging from this is an overview of the human rights situation in European prisions and the issue of privacy in prisons, in the context of the culture of our times and s! ecurity requirements. Privacy is often ill assured due to chronic overcrowding in many prisons in many European countries. The book then describes corrective measures under consideration or actually being implemented. It ends by looking at the example of prisoner rights in Spain and Germany. A highly serious book, occasionally very detailed in legal terms, making it suitable for experts.
(FRo)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Agenda Social. DG Employment and Social Affairs (B-1049 Brussels. Fax: (32-2) 2962393 - empl-info@cec.eu.int). July 2003, No. 6, 20 pp.
The upcoming accession of ten new Member States will increase the gap in regional economies and accentuate regional diversity in the European Union. The new Member States have been obliged, and will continue to be obliged, to rapidly restructure their social and economic set-ups and this will lead to tension. For this reason, the Social Agenda insists on the need to strengthen the Lisbon Strategy with the aim of mutually reinforcing competitiveness, employment and social cohesion. This review describes the European Union's activity to combat discrimination not only on the basis of ethnic origin but also ageism in the workplace and sexual discrimination against women. It describes various EU initiatives currently being implemented with the aim of encouraging smooth accession.
*** RDT info. DG Research, Information and Communications Unit ( Tel: (32-2) 2959971 - Fax: 2958220 - research@cec.eu.int). August 2003, Special Issue, 36 pp.
RDT Info has published a Special Issue on the human resources needed in European research. Last year, Member States decided to increase the share of their GDP spending on research from 1.9% to 3% by 2010. But when it comes to human resources, does Europe have the wherewithal to meet its ambitions? This magazine assesses the situation, quashing many preconceived ideas as it does so. It also describes the possibilities available to Europe to ensure it can take full advantage of available resources.
*** Les nouvelles du GRIP. Groupe de recherche et d'information sur la paix et la sécurité (B-1030 Brussels. Tel: (32-2) 2418420 - Fax: 2451933 - publications@grip.org - Internet: http://www.grip.org ). 2003, No. 3, 8 pp. Annual subscription: 15 euros.
"By enlightening citizens and decision-makers about defence and security issues, GRIP hopes to help reduce international tension and move in the direction of a safer world with fewer weapons", points out this publication The first page looks at the regionalisation of arms sales in Belgium since the different regions of the country now have the power to grant licences. The magazine also looks at the greater role granted to MONUC in the great Lakes region, giving it greater resources and allowing it to extend its activity to all the Kivu region. It also includes a report on GRIP's activity in 2002-2003.
*** Paneuropa Intern. Paneuropa-Union Deutschland (17 Dachauer Strasse, D-80335 Munich. Tel: (089-55) 4683-84 - Fax: 594768). September 2003, No. 10, 4 pp. Annual subscription: 95 euros.
The main focus of this issue is the German army's involvement in peace missions to Afghanistan, a highly controversial affair in Germany. What is the Bundeswehr's role in such missions? Does it have the necessary resources? What impact does this have on relations between Germany and NATO and the United States? These questions are all considered, along with articles on teaching methods in Europe and political tension between the Cuba and the EU.
*** 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 ). September-October 2003, No. 87, 8 pp, 31 euros. Annual subscription: 757.58 euros.
The main article in this issue considers changes in British trade unions' connections with the Labour Party, aiming towards greater independence from Tony Blair's government despite the huge historic links. This issue also includes articles on the review of European works council directives and areas of European jurisprudence, like the European Court of Justice ruling that the French government must change access requirements for joining the French civil service.
Reviews in brief
*** Bulletin 2003/1&2 of Luxembourg's Central Bank. 2003, Luxembourg. These newsletters comprise of economic and financial data and analyses of Luxembourg and the eurozone.