*** PROMODOS MAVRIDIS: La sécurité sociale à l'épreuve de l'intégration européenne. Etude d'une confrontation entre libertés du marché et droits fondamentaux. Sakkoulas (Athens) et Bruylant (67 rue de la Régence, B-1000 Brussels. Tel.: (32-2) 5129845 - E-mail: bruylant@pophost.eunet.be). 2003, 759 pp.. ISBN 28027-1803-7.
The title of this book is well chosen. Preserving and developing the European “social model” in its diversity, while ensuring economic and social cohesion of Europe is a real challenge. The Founding Fathers of Europe did not include social protection in the treaty. All the following treaties, from the Single Act to that of Nice, while awaiting the forthcoming Constitution, have complied with this principle: too complicated! The social security of a country is the result of a social history, the relations between the state, the citizen and the social partners. Rights, funding and organization are different. Creating a European social security system would, to be honest, create an administrative monster which the Common Agricultural Policy would in comparison be a cinch.
We are not, however, able to assert that the development of Europe has been without its consequences impacting on the social welfare systems. Each one to his own being the rule, the European institutions have only had to manage interrelations. Nevertheless, reading the book by Prodomos Mavridis leads us to understand to what extend this issue is relevant. Out of the 600 pages, the author, Legal expert and European official, details the papers and jurisprudence determining the developments in Community Europe, now become the European Union.
A paradox is hidden slightly beneath the surface of the book - it is the European institutions, while seeking to intervene on the issues of social protection, have had to, since the initial European treaties, guarantee the freedoms of movement, goods, services and naturally, that of people. This freedom of exchange and movement, as well as their corollary, equal treatment, has naturally opened the door to enormous litigation and legal disputes. Travelling, working abroad, marrying, buying a house etc, each of these acts undertaken in one's life has an impact on social rights and it is really difficult to untangle the web.
European evolution has made the links of interdependency much stronger. Recognition of European citizenship, the adoption of a Charter of Fundamental Rights, the principles of equality and neutrality between citizens makes it more necessary than ever to coordinate the systems and combinations of social rights for all European citizens. It is certain that this development will make things more complicated. Current reforms are impacting on pensions, health insurance, family allowance, minimum wage, and social rights of all kinds, which are not going to be made simpler. The European “social model” remains confused and untidy. Naturally, Union enlargement and the arrival of citizens whose rights are inherited from regimes of a bygone epoch are not going to make the tasks any easier for those receiving them. European development is currently being looked at through the angle of social rights, which in itself, is a sign of crucial progress. As Prodomos Mavridis writes, “the European Union will be balanced once competition and solidarity become two principles of equal value”. Undoubtedly, coordinated policies will contribute to greater justice and equity among citizens, both rich and poor and for those for whom the state should provide some welfare and those who trust the market more for providing their protection.
This book is certainly not for just anybody. It is extremely comprehensive and provides a detailed examination of the legal situation . For those interested in this subject, it is a valuable reference guide. A work instrument providing evidence that no reform, however ordinary, can be introduced without having some kind of impact on everyday life, on the rights of citizens who are themselves increasingly prepared to move country.
Régis Verley
*** TAMARA HERVEY, JEFF KENNER (Eds.): Economics and Social Rights under the EU Charter of Fundamental Rights. A Legal Perspective. Hart publishing (Salter's Boatyard, Folly Bridge, Abingdon road, Oxford OX1 4LB. Tel: (44-1865) 245533 - Fax: 794882 - mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). 2003, 327 pp, £40. ISBN 1-84113-095-8.
The EU Charter of Fundamental Rights incorporates a whole range of rights, both economic and social. The authors of this book, European law specialists, believe that this is highly significant. They argue that this suggests that in the EU, the protection of economic and social interests is a supranational business, even though each Member State can take a different approach domestically, and the authors actually study this too. Tamara Hervey and Jeff Kenner have no qualms about describing the Charter as a putative Constitution for European citizens. One essay highlights the need to improve cultural rights, which tend to be sidelined or ignored. The laws of each Member States are outlined in one section, and there is an extensive bibliography. All in all a very rich and enlightening book.
(MRo)
*** MARIE-LAURE ONEE-ABBRUCIATI (Ed.): Le fonctionnaire est-il un salarié comme les autres ? Pensions de retraite dans les fonctions publiques en Europe. Bruylant (see above). 2003, 350 pp, 45 euros. ISBN 2-8027-1748-0.
Being a civil servant in Europe is changing radically. How are Member States organising themselves to meet the right of mobility, to the extent that each is attempting to preserve their own specific characteristics in the public domain? If the Convention's proposals are put into practice, exchanges between and the training of civil servants will be facilitated. What will happen to the pension systems of national civil servants, in the light of the current and planned changes in most Member States ? We are witnessing a challenge to public service, with Member States giving the impression of moving towards uniformity in the public and private sector, or at least towards a relaxing of the terms and conditions of civil servants. Account also needs to be taken of the fact those responsible for the different arms of the European civil service are coming into ever greater contact with each other, as are the trade unions of the different Member States. While public service does not come under the responsibility of the EU, the sector is at the heart of European debate. This selection of essays is one of the first to focus on taking a detailed look at this issue.
(NJo)
*** KLAUS MORGENROTH, PAUL VAISS, JOSEPH FARRE (Eds.): Les migrations du travail en Europe. Peter Lang (32 Hochfeldstrasse, Postfach 746n CH-3000 Berne 9. info@peterlang.com - Internet: http://www.peterlang.com ). "Travaux interdisciplinaires et plurilingues en langues étrangères" series, No. 1. 2003, 225 pp. ISBN 3-906769-37-2.
This is the first volume in a new series, the Travaux interdisciplinaires et plurilingues en langues étrangères, published by Grenoble 3 and Paris X Universities, being the proceedings of a conference held in Paris in November 2001, attended by historians, sociologists, specialists in foreign languages and researchers in the civilisations of the Anglo-Saxon, Germanic, Hispanic and Slav worlds. All of them shed a fascinating light on migrations of workers in Europe. The multi-disciplinary vision of the selection is confirmed by the wide palette of subjects considered and methodological approaches selected by the authors. The book ranges from a historical overview of migration in Europe and research into different European countries or regions to a detailed analysis of specific issues, like the linguistic implications of the process of integrating migrants, via various sociological assessments of migrant populations, for example looking at their ethnic makeup, and the options available on the job market in the different host countries. In an essay entitled "Europe, immigration continent", Klaus J. Base (University of Osnabrück) argues that it is both true and false to speak of Fortress Europe. False, he explains, because Europe has remained open to many immigrants who are desired at the national level or tolerated because of the supremacy of European law or universalist ideas. On the other hand, the term is true if we look at immigration quotas and the rejection of undesirable immigrants before they even reach the borders of Europe, he explains. Hence a call for an immigration policy worthy its salt.
(MT)
*** DEBORAH FOSTER, PETER SCOTT (Editors): Trade Unions in Europe. Meeting the Challenge. P.I.E-Peter Lang (See address attached). "Work & Society" series, No. 32. 2003, 200 p, 29 euros. ISBN 90-5201-959-2.
This book brings together the contributions presented during the "EUROPE 2002" conference organized by the University of the West England. It examines the dilemmas provoked by the contemporary process of economic and social changes occurring in the Union and the responses provided by the unions. The authors focus on the role of the unions, a role that they consider fundamental as unions are “the collective voices for workers”, and their influence in the Union. The coordinators of the book, Deborah Foster and Peter Scott, underline that European unions are constantly faced with new challenges, one of them being to increase the influence of the Union in the spheres of employment, as well as social regulation. The authors examine the changes that have happened in the unions after the treaty of Maastricht. The effectiveness of the social dialogue process and the “ambiguous” role of unions in the European work councils are also studies, as well as different institutional aspects. (MRo)
*** HELLA SCHMIDT: Aufgaben und Befugnisse der Sozialpartner im Europäischen Arbeitsrecht und die Europäisierung der Arbeitsbeziehungen. P.I.E-Peter Lang (voir coordonnées supra). 2002, 302 p.. ISBN 3-631-39330-X.
The competencies of social partners in European social law are examined by a young German legal expert in this academic doctoral thesis at the Free university of Berlin. Following the introduction to European labour law and competencies, procedures and Community legal bases in this connection, Hella Schmidt looks in detail at the institutions and actions by employers and unions at a European level and their participation in the social policy of the Union. The author concludes that the development of collective labour law at a Community level is just in its infancy. Social partners are for the instant insisting on being present at the preparation of the legislative acts of the Community institutions instead of using their room for manoeuvre for concluding autonomous tariff agreements at a European level. This publication provides a clear and well structured presentation of the role of social partners in the Union but would have found it useful to focus on the social aspects of the Charter of Fundamental Rights. (PB)
*** ULRICH MAGNUS: The impact of social security law on tort law. Springer-Verlag (4-6 Sachsenplatz, P. O. Box 89, A-1201 Wien. Tél.: (43-1) 3302415-0 - fax: 3302426 - Courriel: springer@springer.at - Internet: http://www.springer.at ). Collection "Tort and insurance law". 2003,314 p., 60 euro. ISBN 3-211-83795-7.
Social security law and civil law have not a priori many things in common. However, within the Union, relations are becoming increasingly closer as the two different legal areas have more of a direct impact on the life of Europe's citizens. This book looks at the field of complex relations. The meeting point for this third volume on this subject matter, is located in compensation of illnesses and physical injury. In this area, the authors look at accidents in the workplace, negligence leading to injuries, general agreements between the public and private insurance systems, as well as jurisprudence in different case studies. The method is very didactic and helps us to understand a subject that is sometimes complex but always important: a questionnaire on compensation for injuries has been provided by the experts in ten Member States (Austria, Belgium, United Kingdom, France, Germany, Greece, Italy, Netherlands, Spain and Sweden) and Switzerland. The different answers, following a presentation for each country, provide a comparison which leads to further broad conclusions on the main stakes at play in the social security systems in the Union over the next few years.
(JSi)
*** MARGARITA LEON, MERCEDES MATEO DIAZ, SUSAN MILLNS: (En)gendering the convention: Women and the Future of the European Union. The Robert Schuman Centre for Advanced Studies, Institut universitaire européen (Convento, 9 via dei Roccettini, I-50016 San Domenico di Fiesole (FI), Italia. Tel/fax: (39-055) 4685770 - E-mail: forinfo@iue.it). Collection "Policy Papers", No. 03/1. 2003, 32 pp.
Sexual equality has always been on the agenda of the European institutions. Since the signing of the Treaty of Rome, progress has been particularly marked in the area of employment. This “Policy Paper” provides a small contribution to a very wide debate, which affects this issue. It also puts forward a number of recommendations to obtain progress in the right direction.
(SCh)
*** EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** Innovation & Technology Transfer. DG Entreprise, Unité Information et communication (EUFO 2295, L-2920 Luxembourg. Fax.: (352-4301) 32084 - E-mail: entr-itt@cec.eu.int - Internet: http://www.cordis.lu/itt/itt-fr/home.html ). January 2004, No. 1/04, 28 p..
The editorial quotes the "European Innovation Scoreboard" to indicate that although the gap between Union countries among the front runners and those lagging behind, such as the candidate countries, Community Europe is still not as innovative as countries such as the USA, which, out of eleven innovation indicators, only concedes one point to the Union. However, the editorial stressed the importance of innovation for strengthening the Union's competitiveness. The review presents us with a range of action undertaken in an effort to reinforce the sprit of innovation in Europe, a task for which Member States, candidate countries and the European institutions are all responsible for ensuring. A conference recently held in Tallinn, at the initiative of the Estonian government and the Commission, highlighted the key role of SMEs to European growth.
*** News. European Agency for Health and Safety at Work (33 Gran Via, E-48009 Bilbao. Tel.: (34-944) 794360 - fax: 794383 - E-mail: information@osha.eu.int - Internet: http: //agency.osha.eu.int). 2003, No. 16, 12 p..
This newsletter brings together and puts forward a series of information and information sources that can be used for improving safety at work. They are categorized in the following sections: Agency news; Union section, international section, focal point news; forthcoming events and publications. The section "Agency News" presents, for example, the new guide for small and medium-sized enterprises, which present a risk of fatal accidents in the work place that is almost twice as high as in large companies.
*** Revue du marché commun et de l'Union européenne. Editions techniques et économiques (3 rue Soufflot, F-75005 Paris. Tel: (33-1) 55426131 - fax: 55426139- E-mail: editecom@starnet.fr - Internet: http: //http://www.editecom.com ). January 2004,No. 474, 71 pp.. Subscription: 202 euros.
Daniel Vignes, Editor-in-Chief of the publication, examines the Intergovernmental Conference and develops two specific points: the blockage provoked by the absence of consensus on the way of determining majority and the composition of the Commission and the other point, that of particularly difficult context of negotiations. The issue of determining majority brings us to the contribution of Romain Yakemtchouk, Emeritus Professor at the University of Leuven, who depicts the situation in Poland. Pierre Duchateau, first Union ambassador to China, describes the developing relationship between the Union and China since the latter's recognition of the Union in 1973. He describes both the chain of events but also the cultural and political factors underpinning them.
*** Liaisons sociales Europe. Groupe Liaisons (1 Avenue Edouard-Belin, F-92500 Rueil-Malmaison. Tel.: (33-8) 25800929 - fax: (33-1) 44722027 - Internet: http//http://www.liaisons-sociales.com ). January-February 2004, No. 96, 8 pp., 32 euros. Suscription: 867.85 euros.
This issue focuses on social reforms in Germany, a country facing problems that are similar to those of its French partner country, such as a high rate of unemployment. Similarly to France, Germany had previously introduced he 35 hour week but now plans to increase the working week. It is also expected to lift the legal constraints weighing on SMEs, notably by changing (upwards) the rate of staff employed, below which the law protecting against redundancies will no longer apply, thus making procedures for sacking workers easier and by reducing the length of time the unemployed can claim unemployment benefits. The publication explains that these measures will not be enough for the employers who consider that they only constitute a partial reintroduction of the measures the Schröder government got rid of.
*** Paneuropa Intern. Paneuropa-Union Deutschland e.V. (17 Dachauer Straße, D-80335 München. Tel.: (49-89) 554683 - fax: 594768). February 2004, No. 1, 4 p., subscription: 95 euros.
Using the title "A Regrettable Fatalism", this publication looks at Turkey's accession. It creates the impression that the dice were thrown quite a while back and that it did not have any real chance of joining. Like Russia, it will find it self in the uncomfortable anti-chamber of countries that are not really part of Europe.