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Europe Daily Bulletin No. 8688
Contents Publication in full By article 31 / 32
WEEKLY SUPPLEMENT / European library

No. 594

*** MADS ANDENAS, JOHN A. USHER: The Treaty of Nice and Beyond. Enlargement and constitutional reform. Hart Publishing (Salters Boatyard, Folly Bridge, Abingdon Rd, Oxford, OX1 4LB. Tel: (44-1865) 245533 - Fax: 794882 - mail@hartpub.co.uk - Internet: http//: http://www.hartpub.co.uk ). 2003, 440 pp. ISBN 1-84113-339-6.

This book on the subject of European law, put together by Mads Andenas, Director of the London Institute of International and Comparative Law, and John A. Usher, Director and Professor oat the European Studies Institute in Edinburgh, looks at issues debated in Europe since the Laeken Declaration of 14 and 15 December 2001 which, extending the Nice Treaty, decided to launch the European Convention. The various essays - first presented at conferences organised by the Institute of International and Comparative Law in liaison with Edinburgh University and the European and Comparative Law Institute of Oxford University - give details of the legal problems raised by the Nice Treaty.

This selection of essays is divided into four sections (the European Constitution, the Nice Treaty, the European Courts and the Charter), themselves divided into chapters by European legal experts like Peter Olivier, Jacqueline Dutheil de la Rochère, Ingolf Pernice and Prof. Di Fabio. Written following the ratification of the Nice Treaty and the important Irish referendum, the book makes a preliminary analysis of the debate that took place at the Convention. The future prospects looked at here, while uncertain, do not fail to provide illuminating illustrations about the value of European law with regard to national law and the impact of European law on companies. The authors look, for example, at problems connected with institutional reform and the Convention's impact on the future of the European Union, the recurring theme of regulations between national constitutions and European law (Chapters 1 to 5), ratification of the Nice Treaty following the favourable referendum in Ireland (Chapters 6 to 10), the European Court of Justice and the Court of First Instance (Chapters 11 to 14), along with future prospects following the Charter (Chapters 14 to 17). The end result is a book suitable for both experts in European law and other readers wanting to learn more about the European institutional system and recent and future changes to it.

Nathalie Vandystadt

*** ANGELIKA HABLE: Handlungsformen und Kompetenzen in der Europäischen Verfassungsdebatte. Forschungsinstitut für Europafragen der Wirtschaftsuniversität Wien (39-45 Althanstraße, A-1090 Vienna. Tel: (43-1) 31336-4135, 4134 - Fax: 31336-758, -756 - e-mail: europafragen@wu-wien.ac.at). "IEF working papers", No. 53/. 2003, 45 pp, 7.20 euros.

The author if this legal study, published by the European Studies Institute of Vienna's Economics University, looks at various aspects of the procedure for simplifying and clarifying the European Union's powers and legislation. Angelika Hable bases her work on the debate that took place within the European Convention and assesses contributions by academic experts and the European Parliament. A detailed legal text, not written in layman's terms, on one of the most controversial and complicated areas of the current debate surrounding the European Constitution.

(PB)

*** PIERRE LEQUILLER (Ed.): Quel avenir pour la Constitution européenne ? Chronique d'un tour d'Europe parlementaire. 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 ). "Document d'information", No. 1476. 2004, 127 pp, 5 euros. ISBN: 2-11-118552-3.

Following the breakdown of negotiations at the European Council in Brussels last December, the Délégation de l'Assemblée nationale française pour l'Union européenne has contacted 19 Member States to make the case for the draft Constitution and try to make progress in establishing a consensus between France and its partners. While focussing on contact between parliamentarians, particularly former Convention Members, the idea behind this move is to continue the negotiations with a view to reaching agreement. This book reports back on the discussions between France and 16 of the 19 countries selected by 9 March 2004 - the date scheduled for the Assemblée nationale to take a break. The book notes the broad support for the draft Constitution, despite the arguments about how to calculate a qualified majority vote. The book does not report on any major obstacles to the adoption of the draft Constitution under the Irish Presidency, or under the Dutch, but does foresee other controversies, which have already been launched by Belgium and Germany, for example, on fundamental issues for the future of the EU, like extending qmv to the CFSP and the CFSP in relation to NATO. (NDy)

*** UGO DRAETTA, NICOLETTA PARISI (Eds..): Elementi di diritto dell'Unione europea. Parte speciale: Il diritto sostanziale. Giuffrè editore 40 via Busto Arsizio, Milano. Internet: http://www.giuffre.it ). 2003, 368 pp., 23 euros. ISBN 88-14-10760-2.

Among the changes made in the second edition of this manual, Ugo Draetta and Nicoletta Parisi highlight the fact that the various authors have taken account of the entry into force of the Nice Treaty on 1 February 2003 and the main aspects of the Convention's draft Constitution. The editors explain in the preface that this means the publication should be a 'bridge' to the next edition, which will take account of the potential outcome of the Intergovernmental Conference. For each policy, the authors consider the future prospects, noting the changes to be expected in terms of foreign relations in particular, but also for justice and home affairs. (MG)

*** CHRISTOPHE JAFFRELOT: For a theory of nationalism. Centre d'études et de recherches internationales (56 rue Jacob, F-75006 Paris. Tel: (33-1) 58717000 - Fax: 58717090 - e-mail: info@ceri-sciences-po.org - Internet: http://www.ceri-sciences-po.org ). "Questions de Recherche / Research in Question", No. 10. 2003, 51 pp.

Originating from the electronic research stored at the Centre d'études et de recherches internationales (http: //ceri-sciences-po.org/publica/qdr.htm), this research provides an in-depth interpretation of nationalism in the light of various theories, avoiding any confusion between the concepts of patriotism, nation, nationalism and ethnicity. According to the author, nationalism is the promotion of a particular group identity with regard to other dominant group identities. To illustrate his ideas, the author cites Gellner's ideas, seeing the outcome of social and ethnic conflicts in nationalism, whereas he sees patriotism as a respectable concept, because it implies defending the heroic stance of a nation against attack - with nationalism being all the reprehensible in that it corresponds to an aggressive expansionist policy. But the essential question he raises is whether one can imagine patriotism without nationalism. He sees this dichotomy as particularly problematic since the two concepts are complementary and hence the author believes there is no universal theory of nationalism in existence that the intelligentsia has been able to formulate to resist the influence from the more powerful West: "While admiring the West, the intelligentsia did not want to imitate it and rejected its culture although it integrated the prestigious characteristics of the West all the same in order to breathe new life into its own culture, through the highly useful concept of the Golden Age, for example. Nationalism would hence become an ideology based on a strategy of both stigmatising and emulating another dominant and threatening nationalism". An enriching book, explaining the various stages of nationalism: cultural nationalism that encourages intellectuals and élites to develop a particular interest in their history and language (the development of a national golden age), the forming of political pressure groups for special national rules, encouragement of 'national priorities' and propaganda aimed at the masses with a view to dominating economic resources and/or the state. The author finally considers the extent to which existing nationalisms are compatible with the new multicultural forms of states. He does not have any pretensions of answering the question, choosing to defend the mission of social sciences dedicated to the construction of concepts that can be applied to various situations against various backdrops and calls for a reaction against the modern trend to categorise and the frequent use of regressive typologies in this domain. (NDy)

*** Revue d'Allemagne et des pays de langue allemande. Société d'études allemandes (CNRS, Bâtiment 40, 23 rue du Loess, BP 20, F-67037 Strasbourg Cedex 02. Tel: (33-3)88107316 - Fax: 88106482 - e-;ail: christiane.weeda@urs.u-strasbg.fr). July-September 2003, No. 3, 15.25 euros. Annual subscription 53.40 euros.

What is federalism? How has it developed in the world and what is its future? These are the questions that the authors of this issue of the Revue d'Allemagne attempt to answer - the entire issue is devoted to federalism in all its manifestations, edited by Pierre du Bois and Dieter Freiburghaus. The reader learns that federalism is s universal political phenomenon but application varies depending on national history and geographical areas. Overall, federalism is described as a balanced division of power between the central state and local and regional bodies - guaranteed by the safeguard of democracy. Applied in 25 countries, it is explained that it represents 40% of the world's population. Following various articles on modern federalism, the reader learns to distinguish between Swiss federalism, in other words the purest form of federalism, where most policies are based on a legislatory framework applied by the cantons, to the new Belgian federalism adopted following the amendment of the Constitution in 1993 in order to appease tension between the Flemish and Walloon language communities. The reader also learns how to distinguish between the German federalism of America and its more limited counterparts in Austria, Italy and Russia. The book also gives an analysis of the specificities of the European project inspired from all types of power, both intergovernmental, confederal and federal. The authors conclude that it is unlikely that we will see a European federalism. (NDy)

*** PAOLA BILANCIA, EUGENIO DE MARCO (Eds.): La tutela multilivello dei diritti. Punti di crisi, problemi aperti, momenti di stabilizzazione. Giuffrè Editore (see above). 2004,328 pp, 24 euros. ISBN: 88-14-10752-1.

The twenty or so authors of this book examine the different levels of protection of fundamental rights in Europe, commenting in particular on the 'Europeanisation' of fundamental rights, the right of appeal, the innovations provided in the Nice Charter, relations with constitutional courts, the protection of rights in the new regional set-ups, and (of course) the role of fundamental rights in the European Convention's draft constitutional treaty. (MG)

*** FRANCESCO PAOLO MANSI: Il giudice italiano e le controversie europee. Dalla Convenzione di Bruxelles del 1968 alla Convenzione di Lugano del 1988 ed al regolamento (CE) N.44/2001. Competenza giurisdizionale, riconoscimento ed esecuzione delle decisioni. Giuffré editore (see above). 2004, 528 pp, 37 euros. ISBN 88-14-10517-0.

The author is a lawyer specialising in international trade, who explains the three main instruments governing jurisdictional power and the recognition and implementation of 'foreign decisions' at European level. The book's introduction looks at changes in the system of the Brussels Convention and the 'communitarisation' of civil judicial cooperation, explaining these concepts to readers who are relative newcomers to these matters. (MG)

*** ANDRE GILAIN: Louis Michel. Portrait en coulisses. Editions Luc Pire (37-39 quai aux Pierres de Taille, B-1000 Brussels. Tel: (32-2) 2108950 - Fax: 2108959 - e-mail: edition@lucpire.be - Internet: http: //http://www.lucpire.be ). 2003, 183 pp, 20 euros. ISBN 2-87415-306-0.

This biography by journalist André Gilain opens with an outline of the politician Louis Michel by Belgian prime minister Guy Verhofstadt. The book describes the path followed by the current Belgian foreign minister, the strong man of the Mouvement Réformateur and an heir to the Liberal Party. A friendly portrait of an atypical man who gave Belgium visibility again on the international scene. (NDy)

*** ULRICH BÖTTGER: Ziele und Mittel europäischer Integration. Systematisierungsversuch aus Sicht juristischer Zeitgeschichte. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen, Switzerland. Tel: (41-32) 3761717 - Fax: 376 1727 - e-mail: publicity@peterlang.com, Internet: http: //http://www.peterlang.de ) 2002, 450 pp. ISBN 3-631-50132-3.

The theory, objectives and instruments of European integration are examined in this doctoral thesis by a German law student at Iena University. In a legal and historical perspective, Ulrich Böttger retraces the design, various stages and political and institutional manifestations of the Community from the 1950s onwards. (PB)

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

*** 12 leçons sur l'Europe. DG Press and Communication - Publications. "Documentation européenne". November 2003, 62 pp. ISBN 92-894-6784-3.

Written by Pascal Fontaine, former lecturer at the Paris Institut d'études politiques who used to work with Jean Monnet, this brochure can serve as a condensed version of information on Europe and a reference tool for people across the board. The twelve chapters look at the reasons behind the European Union, via the big steps in its creation via the question of enlargement, the Single Market, the Information and Knowledge Society programme and foreign policy, to name a few. Easy to read and clearly structured while covering a huge range of issues, asking the right questions to elucidate the right answers, the brochure is a formidable tool for European citizens to enable them to appropriate and realise the spirit of the European project.

*** Les nouvelles du GRIP. Groupe de recherche et d'information sur la paix et la sécurité (33 rue Van Hoorde, B-1030 Bruxelles. Tél: (32-2) 2418420 - Fax: 2451933 - e-mail: admi@grip.org - Internet: http://www.grip.org ). 1st quarter of 2004, No. 31, 8 pp. Annual subscription: 15 euros.

The Grip gives us a taster of its book "Les Etats-Unis à contre-courant" in three articles of this newsletter. The first looks at the failure of theories of neo-Conservatives about Iraq, their pro-war arguments proving to be unfounded and the unilateral action of the United States not having the impact they were counting on. The second, complementary, article looks at the war in Iraq one year on. The third article looks at the lack of balance in the US budget, and the huge weight of defence spending and the military and industrial conglomerate on US finances. Other articles look at the Rwandan genocide and the new army in the Democratic Republic of Congo.

*** In Europa. Centro In Europa (7/5 via Ippolito D'Aste, I-16121 Genova. Tel: (39-10) 540928 - Fax: 5644356 - e-mail: segreteria@eurete.it - Internet: http://www.eurete.it ). 2004, No. 1, 86 pp, 7.75 euros. Annual subscription: 92 euros. ISBN 88-8163-228-4.

This issue of In Europa covers a wealth of different subjects. It considers the outcome of the Italian Presidency and the "Interventi" column allows people like Martin Schulz and Elena Paciotti to give their views, looking at the victory for eurosceptics of the failure of the Brussels Summit and the urgent need for the EU to give itself a Constitution. These issues are considered in more detail in other columns, alongside articles on, for example, education and research, the European broadcasting scene, immigration policy and transatlantic links.

*** Paneuropa Intern. Paneuropa-Union Deutschland e.V. (17 Dachauer Straße, D-80335 Munich. Tel: (49-89) 554683 - Fax: 594768). February 2004, No. 2, 4 pp. Annual subscription: 95 euros.

This issue looks, ahead of enlargement, at the European Parliament, describing the biggest political parties and their agendas, describing the alliances and associations formed at the EP to defend common points of view and interest, and considers the weight of each faction. Other articles look at the status of Kosovo and the Hungarian prime minister Peter Megyessy.

*** 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 ). 2004, No. 1, 120 pp. 10 euros. Annual subscription: 50 euros.

This entire issue of Südosteuropa looks at Turkey. The subject is considered from six different angles. The first article describes German interests in Turkey joining in the EU, the second looks at secularism in Turkey and there is another article on the democratic process. Other articles look at Turkey's policy with regard to the Kurdish question and its impact in relations with the EU, economic stability in Turkey and its security policy.

Reviews in brief

*** Slovenia News. Government PR and Media Office. March 2004, No. 11, Ljubljana. This issue looks at the need for Europe to get involved in stabilising Afghanistan. *** Japan Echo. Japan Echo Ltd. February 2004, No. 2, Tokyo. Focussing on Japan's foreign policy.

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