*** ALAIN LAMASSOURE: Histoire secrète de la Convention européenne. Editions Albin Michel (22 rue Huyghens, F-75014 Paris. Internet: http: //http://www.albin-michel.fr ). 2004,526 pp, 23 euros. ISBN 2-226-15124-9.
In the next few weeks, the fate of the European Union's promised Constitutional Treaty will be played out. The final compromise, if there is one (and this looks likely at the moment), will be weighed up from both the political and legal point of view. Readers who have read this book by Alain Lamassoure will also be able to assess it in the light of the spirit that prevailed during the work of the Convention. Former French deputy European Affairs minister, Alain Lamassoure is an MEP who through his activity and his convictions, turns politics into an honourable profession. In this passionate book, he gives an eye-witness account as a Convention Member representing the European Parliament, describing himself as a mechanical officer in charge of the machine room, but in permanent contact with the command structure. He admits that he began carving a statue of Valéry Giscard d'Estaing for posterity, since VGE is 'very different from the caricatures'. He tells the tale of a failure and a surprised jump. The failure was the Nice Treaty (where the European project came within a hair's breadth of being drowned in the 'baie des Anges'. The surprised jump started in Laeken, when the 'collective monarch' of the European Council sent to 'collective clerk of the Convention' instructions worthy of Louis XIV: "Colbert, I order you to do everything you want!". This is the story of the men and women who took on the heavy responsibility which is recounted here in a lively, human style. Alain Lamassoure sketches mouth-watering portraits of leading Europeans, showing in the process that he himself possesses one more talent - that of a writer! Not to be missed.
Michel Theys
*** OLIVIER DE SCHUTTER, PAUL NIHOUL (Eds.): Une Constitution pour l'Europe. Réflexions sur les transformations du droit de l'Union européenne. De Boeck & Larcier (39 rue des Minimes, B-1000 Brussels. Internet: http: //http://www.larcier.com ). 2004, 405 pp. ISBN 2-8044-1307-1
This book includes articles by a series of specialists in European law, who have outlined a detailed account of the main areas of the EU's judicial competence over the past decade - constitutional law, fundamental rights, social and penal Europe, private international law and environmental protection - sticking close by events at the European Convention and the Brussels European Council of 12 and 13 December 2003. A further theme is developed in the preface, private law. This addition defines and differentiates various terms used in European law like approximation of legislation, harmonisation, coordination, convergence and unification and measures their application scope at the level of national legislation.
Each author argues their case in the debate over the drafting and ratification of the draft Constitution. The book is divided into four main sections, each divided into chapters by different experts. The book focuses on the qualitative contribution of the Constitution, which will finally embody all the legal issues covered by European law. The experts believe it will mean a total refoundation of the EU, necessary with the historic expansion from fifteen to twenty-five Member States, moving well beyond all of the different one-off reforms made by the various treaties preceding it. Prudent and enlightened, the authors end the book by looking at the Constitution's jurisdictional legitimacy, which will be a subject of much discussion in the weeks to come.
(NDy)
*** L'Europe en formation. Les cahiers du fédéralisme. Centre international de formation européenne (10 av. des Fleurs, F-06000 Nice. Tel: (33-4) 93979397 - Fax: 493979398 - e-mail: europe.formation@cife.org - Internet: http://www.cife.org ). 2003, Nos. 1, 2 and 3, 11 euros each. Annual subscription: 30 euros.
In the first of last year's issues of the review founded by Alexandre Marc, there is an article in which Jean-Pierre Gouzy, Vice-President of the Centre international de formation européenne, describes Henry Frenay as the French incarnation of European federalism, which tends to be ignored. Another essay looks at cooperative regionalism, while Mireille Marc-Lipiansky calls development aid and globalisation to account. Caroline Kern provides a critical analysis (in English) of asylum and immigration policy under the revealing heading "Fortress Europe". In the second issue, there is a vivid dossier on the European Constitution in which Prof. Jean-Louis Quermonne outlines the institutional challenges, and Renaud Dehousse explains how the anti-federalists have won. Harmut Marhold explains the Convention's method, while Elmar Brok explains that the essential areas of the draft Constitution cannot be changed because this would mean the collapse of the institutional concept. There is research by Prof. Ferdinand Kinsky into the federalist method while the main dossier of the third issue, following a tribute to Bernard Voyenne, who died in December, looks at comparative federalism, with Nicolas Schmitt making a short comparative sketch of federalism in Switzerland, Germany and the United States, and Mariapaula Ferrari considering Italy. Prof. Kinsky writes and article on 'allergic reactions' to federalism in central and Eastern Europe.
(MRo)
*** FRANZ KNIPPING: Rom , 25 März 1957: Die Einigung Europas. Deutscher Taschenbuch Verlag (Munich). 2004, 366 pp., 15 euros.
Readers might think, on flipping through this book by Franz Knipping, 'One more publication about the European project'. But looking through the contents, you will be attracted by the author's approach, starting with an analysis of heritage in terms of three concepts, Europe as it is lived, Europe as it is thought, and Europe as it is desired. We can then forgive the publisher for the very dry title of the book which could create misunderstandings, particularly since on the fourth page of the cover we are told that the Rome Treaty founded the European Union. Fortunately, Franz Knipping shows that the concrete founding legislation was in fact the Schuman Declaration of 9 May 1950, admirably prepared by Jean Monnet and his team.
The book takes us carefully and interestingly through 50 years of European history, dynamic and sometimes chaotic history, giving very pertinent explanations of recent developments in European events. As in other history books of course, there are explanations of the Fouchet Plan and the 'empty chair', but Prof. Knipping does not forget to point out other aspects which are sometimes overlooked, like the meeting in New York in September 1949, where Dean Acheson, with Bevin's agreement, asked Robert Schuman to prepare ideas for the post-war period and the German issue for the meeting of the three ministers in London on 10 May 1950. He also points out that as soon as the ECSC negotiations started, the Korean War broke out (on 25 June 1950), which restarted the arms race, which originated the idea of a European army, often described as premature, which in fact, is totally accurate. Using clear, user-friendly terms, the book deserves to be translated into the other EU languages. It has been published at a timely moment - it is an excellent guide for readers from the new Member States and also provides a good guide to the fiftieth anniversary of the Treaties of Rome, the various language versions may then be ready. The question of whether to translate the book into Chinese is even being looked at.
(PCo)
*** CHARLES DELAMARE, FRANCIS OLIVIER: L'Europe, l'incarnation de la démocratie chrétienne. Un dialogue. L'Harmattan (5-7 rue de L'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920 - Fax: 43258203 - e-mail: harmat@worldnet.fr - Internet: http: //http://www.editions-harmattan ). 2003, 299 pp, 24.40 euros. ISBN 2-7475-4817-1.
The authors have decided to criticise the deterioration of Western civilisation in the form of a richly coloured dialogue, studded with a wide variety of political and historical references. Christian ideas have led them to quote the Bible in order to illustrate the disappearance of humanism in the West and the materialising of the individual. During the dialogue, the two protagonists stigmatise modern society for being merely a heartrending receptacle for indifference, cowardice, mental laziness and spiritual weakness. They refuse to supply solutions, but hope to enlighten readers about the incoherence and threats of this age, aiming to encourage a Christian democratic Europe, refusing to accept Europe becoming a dead parish, as they put it. This is an almost desperate appeal for the resurrection of a moral conscience in the enlarged Europe, describing the new Member States as victims of their past and their lack of understanding of the capitalist system. Leaving aside the prophetic and grandiloquent statements, the book echoes the concerns of Christian Democrats worried about the future of their civilisation. An apocalyptic book illustrating one line of thought.
(NDy)
*** GEORGES BRONDEL: L'Europe a 50 ans. Musnier-Gilbert Éditions (158 Bd. De Brou, F-01000 Bourg-en-Bresse). November 2003, 134 pp, 19 euros. ISBN 2-910267-63-6.
Georges Brondel has spent his entire career working for Europe, first at the OECD (from 1950 onwards), then at the Commission, as Director for Oil and Gas. He is someone whose life is intimately linked to the history of the European project and someone who lived through the Second World War and felt at the deepest gut level the need to build the European project, while keeping the spirit that these days seems to have died out somewhat in other people. This is what constitutes the charm of this book, in one sense the biography of both Georges Brondel and of Europe. He writes clearly, in measured but lively tones. The author does not restrict his view to the past, but also looks at the future, giving his views and a detailed, deliberate vision of what tomorrow's Europe should look like.
(FRo)
*** STEFAN GRILLER, MICHAEL HOLOUBEK: Europäisches und öffentliches Wirtschaftsrecht I et II. Springer Verlag (4-6 Sachsenplatz, A-1201 Vienna. Tel: (43-1) 3302415-0 - Fax: 3302426 - e-mail: springer@springer.at - Internet: http: //http://www.springer.at ). "Springer Notes Rechtswissenschaft Forschungsinstitut für Europafragen & Institut für Verfassungs- und Verwaltungsrecht der Wirtschaftsuniversität Wien". 2003, 300 pp. (Vol. I), 338 pp. (Vol. II), 25 and 28 euros respectively. ISBN 3-211-40219-5 (Vol. I), 3-211-40351-5 (Vol. II).
These two educational books by Stefan Griller and Michael Holoubek, lecturers at Vienna Business University, provide a practical and concrete introduction to Austrian and European public business law. The firs volume is based on an introductory business science course at Vienna Wirtschaftsuniversität, looking at setting up a business, administrative procedures, basic economic rights, the European Common Market, European competition law, business and the state, Austrian state institutions and the European Union's institutions. The second volume uses the same format to look at penal business law, European and domestic legal protection, the law governing foreign and global trade, and national budget law against the backdrop of Economic and Monetary Union. The high points of these two books include a clear typeface, tables and other diagrams, questions to check understanding of the content and also, in the first volume. A glossary of basic legal terms and a search guide to legal databases on the Web. Like the first issue of the first volume, these two books help one learn the essential matters in European and Austrian public law. Recommended to business and law students, and also non-legal specialists interested in the subject matter.
(PB)
*** FILIPPO RANIERI: Europäisches Obligationenrecht. Springer-Verlag (see above). 2003, 742 pp, 115 euros. ISBN 3-211-01440-3.
Bond law in the different countries of Europe is systemically compared in depth in this weighty tome by Filippo Ranieri, lecturer in European civil law at Saarbruck University in Germany. In fifteen articles, key aspects of contract law (like guarantees, errors, and damages) are examined in terms of law, case studies and rulings for each country. A high point of this reference book aiming to 'Europeanise' university civil law teaching is that the relevant legislation is published in the original language along with a German translation. The book is suitable for law students at German, Swiss and Austrian universities, and may also be interesting reading for European lawyers.
(PB)
*** GUIDO ALPA, EMILIO NICOLA BUCCICO (Eds.): La Riforma dei codici in Europa e il progetto di codice civile europeo. Materiali dei seminari 2001. Dott. A. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Internet: http: //http://www.giuffre.it ). 2002, 247 pp, 19 euros. ISBN 88-14-09677-5.
The proceedings of an academic seminar held in La Sapienza Univeristy in Rome in July 2001. Legal experts from different European countries discuss options for a European Civil Code and the various reforms of domestic civil codes implemented or being prepared in the Netherlands, the UK, Spain and Germany. Given the complex nature of the subject matter, the book is aimed mainly at experts. The issue of harmonisation and coordination of civil law in Europe are no doubt topics, however, that will gain in interest in the future, given their significance.
(PB)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Un nouveau partenariat pour la cohésion. February 2004, 248 pp. ISBN 92-894-4912-8.
Based on a vast consultation exercise from the European to the local level, this third report on Economic and Social Cohesion outlines the Commission's vision for the future of a policy to cut gaps and promote greater economic, social and territorial cohesion in Europe, in the words of Michel Barnier. First outlining current trends and the current set-up, the report then describes the impact on cohesion employment and competitiveness of the policies of the Member States on the one hand, and the EU on the other. The fourth part of the book assesses the impact of Structural Policy between 1994 and 1999 and takes account of changes for the 2000-2006 period. The publication ends with proposals for strengthening and reforming the Cohesion Policy.
*** IOM News. International Organization for Migration (PO box 71, CH-1211 Geneva. Tel: (41-22) 7179111 - Fax: 7986150 - e-mail: info@iom.int - Internet: http: //http://www.iom.int ). March 2004, No. 476, 20 pp.
This magazine draws attention to the issue of refugees and immigrants. This issue looks at a project for building semi-permanent housing for inhabitants of Bam in South-Eastern Iran, where 80-90% of buildings were destroyed in the recent earthquake. Other articles look at IOM activity in Colombia, human trafficking and AID awareness raising in Thailand.
*** Paneuropa Intern. Paneuropa-Union Deutschland (17 Dachauer Straße, D-80335 Munich. Tel: (49-89) 554683 - Fax: 594768). March 2004, No. 3, 4 pp. Annual subscription: 95 euros.
Paneuropa Intern looks in this issue at the Balkans as an unavoidable issue, recapping history and the events that have changed the Balkans. From the battle of Kosovo Polje in 1389, which took the Balkans under the Ottoman fold, to the current situation via Tito and Milosevic, the review looks at the dawning of ethnic, religious and political divisions that still determine the region's future.
*** Europa-Informationen. EKD-Büro Brüssel (166 rue Joseph II , B-1000 Brussels. Tel: (32-2) 2301639 - Fax: 2800108 - e-mail: ekd.bruessel@ekd.be). March - April 2004, No. 101, 16 pp, annual subscription: 27 euros.
This review from the Brussels section of the German Evangelical Church, looks at current events in the European institutions and the EU in general. Articles consider the fight against anti-Semitism and terrorism, the meeting between representatives of the Conference of European Churches and Bertie Ahern, and the Commission's view of asylum policy.
*** Liaisons sociales Europe. Groupe Liaisons (1 av. Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-8) 25800929 - Fax: (33-1) 44722027 - Internet: http//http://www.liaisons-sociales.com ). April 2004, No. 102, 12 pp, 32 euros. Annual subscription: 867.85 euros.
This issue looks at the new European sickness benefit card, which comes into force on 1 June and should help facilitate access, for the people who request it, to medical care in another Member States and also simplify administrative procedures. Other articles look at restrictions on social security for citizens of other Member States, complaints about reforming the welfare state in Germany, and the views of the European Trade Union Confederation on the working time directive.
Reviews in brief
*** Art. 88-4 de la Constitution - Textes soumis du 5 au 26 février 2004. Délégation pour l'Union européenne de l'Assemblée nationale française. March 2004, No. 1481, Paris. This report provides analysis of draft EU legislation put forward by the French government, on managing radioactive waste, for example, or consumer law. *** Cahiers du Japon. Japan Echo. Spring 2004, Tokyo. This magazine publishes a digest of views and analysis from Japanese media on issues like the establishment of an economic area in East Asia and the role of force in peacekeeping operations.