WEEKLY SUPPLEMENT / European library

*** Revue du droit de l'Union européenne. Editions Clément Juglar (62 av. de Suffren, F-75015 Paris. Tel: [phone] - Fax: [phone]). 2003, No. 2, 539 pp, 48 euros.

Regular readers of this review of European Union law may be somewhat taken aback. The editorial setting the tone for the entire issue is replaced this month by a twenty-page essay on a subject of general, almost philosophical, interest, namely whether Europeanism (1) is Christian. It was written by Editor Alfonso Mattera as a response to the controversial question of whether to include a reference to 'Christian roots' in the Constitution for Europe.

Mattera takes a radical starting point by challenging the idea that there is a contradiction if one acknowledges both Christian roots in Europe and the principles of secularism. Secularism is an 'unalienable' achievement of the French Revolution, but was first mentioned in the Gospels themselves, in the words of Jesus: Give unto Caesar what is Caesar's and to God what is God's. The author believes it cannot be denied that the new civilisation born from the ruins of the Roman Empire was Christian, and shares Elie Barnavi's definition of civilisation of the Christian West. A few centuries later, with the birth and formation of European 'nations', he comments that a potential conflict arose between sacred love for one's country and the ideal of European unity, adding that it is Christian values that indicate the solution to this, attenuating disagreements and intervening as an element of harmony. Mattera quotes German Romantics in their praise of the 'unifying mission' of Christian values in the recognition of freely and spontaneously created nations. The author never focuses on Christianity as a relation - 'Christian values' can be shared by non-practicing Christians or agnostics. Hence the Christian roots of European civilisation can be mentioned in the Constitution without contradicting the idea of secularism at all.

The last section of the essay aims to show that the European project of Jean Monnet, Robert Schuman, Konrad Adenauer, Alcide de Gasperi, et al., includes Christian values, or is inspired by them at any rate. Here he notes a genuine osmosis between Christianity and Europeanism, quoting the ideas reached in his old age by the secular philosopher and historian Benedetto Croce that we cannot prevent ourselves from seeing ourselves as Christian and calling ourselves Christian. The list of 'genuinely Christian values' is long for Alfonso Mattera: respect for human dignity, freedom, justice, equality among communities, respecting others and their differences, tolerance and universality... Historians might express doubt about whether humanity had waited for Christianity before discovering some of these values, and whether they had been alien to Ancient Greece and pagan Rome (take the idea of freedom, for example). One could also query whether Christians themselves, down the centuries, have always respected these values (take tolerance, for example). These comments extend the range of European roots without diminishing the reality of its Christian roots in any way.

The rest of the review is made up of the habitual rich harvest of analysis of general issues (simplification of the EU's legal instruments, pleading the case for unifying contract law) or more specific issues (examining the repercussions of certain rulings of the European Court of Justice). I personally do not share the negative conclusions made in the long study (some fifty or so pages) by Prof. Philippe Icard of Dijon University of the European Union's policy with regard to immigration and asylum rights. The shortcomings he denounces are partially true (what policy does not have them?) but the conclusions he draws (that the commitments made at the end of the nineties seem to have been forgotten, with EU countries discovering nationalist, identity-oriented tones) are, in my view, exaggerated and unfair.

Ferdinando Riccardi

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(1) This is a neologism and is not found in the dictionaries I have consulted. Its means what is says.

*** ALAIN MARCIANO, JEAN-MICHEL JOSSELIN (Eds.): The Economics of Harmonizing European Law. New Horizons in Law and Economics, Edward Elgar Publishing (Glensanda House, Montpellier Parade, Cheltenham, Glos, GL50 1UA, UK, Tel. [phone], Fax: 262111, e-mail: [e-mail], Internet: http: //http://www.e-elgar.com ) 2002, 268 pp, ISBN 1-84064-608-X.

Twenty or so researchers from universities in France, Germany, England, Spain, Switzerland and the Netherlands have published a selection of articles following a conference held in Corsica in May 2000. The book takes an unusual slant - the costs and benefits of European legal integration are examined in terms of the economy. According to the essays gathered on these pages, Europe may find itself between legislative competition and harmonising (monopolising) of law. It is desirable from an economic point of view to harmonise laws across the European Union? Examples of civil law, privatisation, consumer protection and administrative law are analysed here. Interesting and at times controversial views on the construction of a legal area in Europe. (PB)

*** REINER SCHULZE, REINHARD ZIMMERMANN (Eds.): Testi fondamentali di diritto privato europeo. Curatore versione italiana: Luca Andrea Frignani, Dott. A. Giuffrè Editore S.p.A. (via Busto Arsizio 40, I-20151 Milan, Internet: http: //http://www.giuffre.it ) 2003, 544 pp., 29€ ISBN 88-14-09591-4.

This selection of legislation from European private law is the Italian version of a book published in German by publisher Nomos Verlag of Baden-Baden. Seventeen EU directives are included, along with other basic European human rights laws. There are also two United Nations' Conventions and texts on the basic principles of contracts. A reference work for lawyers and Italian-speaking traders in Europe.

(PB)

*** SILVIO GAMBINO (Ed.): Costituzione italiana e diritto comunitario - Principi e tradizioni costituzionali comuni - la formazione giurisprudenziale del diritto costituzionale europeo. Università degli Studi della Calabria, Dipartimento di organizzazione aziendale e amministrazione pubblica, Area Giuspubblicistica, Dott. A. Giuffrè Editore S.p.A. (via Busto Arsizio 40, I-20151 Milan, Internet: http: //http://www.giuffre.it ) 2002, 533 pp, 26 €. ISBN 88-14-09369-5.

This book includes some of the proceedings of a joint Spanish and Italian academic conference held in Calabria in April 2001, looking at the common principles of constitutional law of the EU and its Member States. Issues considered by the series of contributors include fundamental social rights, tax autonomy, the right to vote, proportionality and certain business laws. The essays reveal in detail the challenges of drawing up common constitutional principles in Europe through the European Court of Justice jurisprudence and the different domestic constitutions. A book for specialists in Italian constitutional law and comparative constitutional law. (PB)

*** GIAN FRANCO CARTEI, VITO VANNUCCI (Eds.): Diritto comunitario e ordinamento nazionale. Giuffrè editore Milano (Via Busto Arsizio, 40 - 20151 Milan. Tel: [phone]. Fax: [phone]. Internet: http://www.giuffre.it ). ISBN 88-14-10001-2. 201 pages. 17€.

The book is the outcome of the biannual series of conferences organised by the Ordine degli Avvocati di Livorno with the aid of the European Commission under the framework of Action Robert Schuman. The conference brought together lawyers, magistrates and civil servants to discuss subjects like the legal system, administrative proceedings, public service, social rights, the right to work and the influence of EU law on domestic legal systems. The essays collected together here aim to give readers a complete panorama of the different disciplines of Italian law and how it has been amended to meet EU law. The series of experts share the same view - domestic law has to be adapted to EU law. In such a way as to benefit from the contributions o European law, which greatly helps harmonise the different systems of national law. This approach is also a reflection on the multifarious nature of the legal experience of the different Member States. (MRo)

*** Processus de Lisbonne, Avis et rapport du Conseil économique et social, les éditions des journaux officiels, 2003, 43pp, ISBN 0767-4538.

This document publishes the opinions of the French Economic and Social Council on matters concerning the subject matter of the Spring Summit 2004. It considers the Broad Economic Policy Guidelines, employment, social cohesion, the environment and sustainable development. (VR)

*** MARCO GESTRI: Abuso del diritto e frode alla legge nell'ordinamento comunitario. Giuffrè editore Milano (voir supra). Collana del dipartimento di scienze giuridiche e della facoltà di giurisprudenza dell'Università di Modena e Reggio Emilia. ISBN 88-14-09963-4. 247 pages. € 20.

This book tackles problems related to abuses of the law, techniques used by criminals and in fraud, as well as non respect for national laws within a Community legal framework. The author examines this subject just when the jurisprudence of the Court of Justice is being consolidated. This is the time for demonstrating the absence of specific prevention measures in the founding treaty, for which nobody should be able to “exonerate themselves abusively or fraudulently from Community law”. The authors set out to underline the risks to individuals from the institutions, which in some cases are subjective or predisposed in one way or another. Institutions, due to their better knowledge of law or the weaknesses of a still incomplete legislation have an advantage over ordinary individuals. This book assembles a multitude of case practices and quotations to illustrate abuse in the different disciplines of law. The author then focuses on Common Agricultural Policy. (MRo)

*** JACQUES HERARD: Manuel d'Organisation appliquée. Reconcevoir les processus et coordonner les activités; une vision, des outils, des pratiques. Editions Dunod (5, rue Laromiguière, F-75005 Paris. - Site Web: http: //http://www.dunod.com ). "Stratégies et Management" series, 2003, 342 p. ISBN: 2-10-005946-7.

This book will be inspiring to all those seeking reading matter on all aspects of contemporary enterprise and business. Only too often commercial ventures restrict business management to routine matters such as the management of incoming and outgoing goods or income and information documents, without questioning on what basis they achieve or fail to achieve commercial success: “what does the customer expect from me?”, or to a more distant degree, “what do my customers get elsewhere which I couldn't get for them myself?” Stuck in the daily routine, subject to lack of time, it would be better to stop sometimes and think, most commercial activities focus at least 80% of their time to sterile internal processes and do not generate any added value in the eyes of their customers. After all it is the customers and not accumulated capital, shareholders or internal decision-makers who make or break a business, which is subject to the decision of individuals to open or keep their wallets closed! Like a computer which gradually uses up its memory and ability to read and reread the inspection processes, recycling, repossessions, the duplication of the same data bases, companies at a certain stage of their development suffocate from over-routine, internal inspections, badly used tools, the absence of shared knowledge, doing and undoing consecutive tasks and ending up disconnected from the only thing that really counts, a satisfied customer or one customer less. “Enriching collective competencies, managing knowledge and building a company that learns” (p 259) are some of the key fundamentals of the company seeking a boost; sharing its strong points with all its members to finally benefit from the overall synergy of all. This publication is a manual for applied organisational techniques as its title suggests but it also provides theoretical tools and practices. This book by Jacques Hérard, which has contributed to the re-organisation of the Renault group, is a director in the management committee of Cegos, a consultancy for businesses that seek to move forward when their client base is declining. The book provides a strong basis for reflections for those in charge of organising the mental and decision-making processes of managers and production forces at their disposal to create surplus value in the eyes of the entrepreneur's crucial partner, the customer. (Pbu)

*** NATHALIE CARLETTO: Concevoir une formation en entreprise. Une approche de 2ème génération Editions Dunod (see address attached). "Fonctions de l'entreprise" series. 2003, 252 pp.. ISBN: 2-10-007013-4.

The main ideas in this guide for those already working or students in enterprise training is inspired by the notion of “engineering”. It seeks to provide a tool for reading the theoretical principles of the systematic training approach for adults, whilst creating a link with practical aspects of life on the ground. This follows four major stages of systematic thought. This specific approach of “engineering”, fresher, more practical and digestible than its counterpart mentioned above, is based on the same strength and basic principles and will be of interest to all those involved in devising training workshops or involved in changes at work. (PBu)

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

*** Environment for Europeans. Environment DG (200 rue de la Loi, B-1049 Brussels. Fax: [phone] - Internet: europa.eu.int/comm/environment/index_fr.htm). 2003, No. 14, 16 p..

After an interruption of some months and following the commentaries of readers, this magazine (edited in German, English, Spanish, French and Italian) is back and is expected to have changed somewhat, such as the far reaching and detailed analyses in longer articles and a larger "agenda” section. An internet version looks at the written articles but allows for greater information on a range of subjects thanks to cross-referencing. This issue provides an interview with Ylva Tivéus, Head of the “Communication and Civil Society”, as well as articles on “Car-free days”, the reduction of risks linked to the chemical industries, the importance of the issue of water for the three Mediterranean accession countries (Cyprus, Malta and Slovenia etc.

*** MedOndes. Programme of the United Nations for the Environment/Action Plan for the Mediterranean (48 av. Vassileos Konstantinou, GR-11635 Athens. Tel: [phone] - fax: [phone] - E-mail: [e-mail] - Internet: http://www.unepmap.org ). 2003, No. 48/49, 25 p..

This publication is called "water". MedOndes examines this precious resource to which two billion people have insufficient access, both in terms of quality and quantity. The review also looks at the situation in Mediterranean countries, many of which, regularly confronted with drought, could find themselves in a critical situation over the next few years if significant action is not taken. The review also looks as coastal regions management policies and the protection of biodiversity both on land and at sea.

*** Metamorphosis. European Environmental Bureau (34 bld de Waterloo, B-1000 Brussels. Tel: [phone] - fax: [phone] - E-mail: [e-mail] - Internet: http://www.eeb.org ). November 2003, No. 31, 12 p..

The European Environmental Bureau incorporates 149 environmental associations from 27 different countries. The review is critical of the rush of some quarters to finalise the European Constitution without providing themselves with sufficient time to make the constitution respond adequately to political needs and the needs of the public. It also defends the proposal for a new policy on chemicals as the Commission faces down the European Organisation of Chemical Industries. There are also articles on the outlines of the performances of Slovenia and the adoption by Member States of the directive on environmental impact evaluation .

*** Les Nouvelles. Office International de l'Eau (21 rue de Madrid, F-75008 Paris. Tel: [phone] - fax: [phone] - E-mail: [e-mail] - Internet: http://www.oiseau.org ). December 2003, n° 14, 36 p..

this publication focuses on water and water-related professions, such as those collecting the water, those purifying it and others besides. It also provides an insight into the tools and available training for those working in this area and an agenda of the different events in France and internationally, as well as presenting numerous actions carried throughout the world.

*** La lettre de Confrontations Europe. Confrontations Europe (41, rue Emile-Zola, F-93107 Montreuil Cedex. Tel: [phone] - fax: [phone] - E-mail: [e-mail] - Internet: http://www.confrontations.org ). October - November 2003, n° 64, 24 p., 4.60 euros. Subscription: 23 euros.

The association's newsletter, under the guidance of Philippe Herzog sounds the alarm about the sorry state of industrial policy at both a French and European level. This can be added to the voices of Nicole Fontaine, Romano Prodi and Gerhard Schröder to underline the risks of de-industrialisation and calls for the setting up of a knowledge-based economy. The publication also loos at the debate on cohesion policy, the implementation of a single payment area up to 2010, a subject that has been debated by the Groupement des cartes bancaires - and the Alstom affair

Reviews in brief

*** Safety Monitor. European transport Safety Council. January 2004, No. 51, Brussels. One of the subject this issue deals with is the level of preparation of accession countries. *** Slovenia News. Government PR and Media Office. December 2004, Ljubljana. This issue looks at the elections that take place this year. *** Look Japan. Look Japan Ltd. January 2004, No. 574, Tokyo. The fight against pollution is the main subject.