*** ANNE WEYEMBERGH: L'harmonisation des législations: condition de l'espace pénal européen et révélateur de ses tensions. Editions de l'Université de Bruxelles (26 av. Paul Héger, B-1000 Brussels. Tel.: (32-2) 6503799 - fax: 6503794 - E-mail: editions@admin.ulb.ac.be - Internet: http: //http://www.editions-universite-bruxelles.be/ ). "Etudes européennes" series. 2004, 404 pp., 35 euros. ISBN 2-8004-1331-X.
What a beautiful book. The book is, however, the end result of a PhD thesis, the nature of which is not always predisposed to accessible reading. The obvious knowledge the author displays for her subject, however, means that that this particular rendering provides the reader with an excellent reference book on penal affairs in the Union.
The main strength of Anne Weyembergh is the way in which she provides a healthy balance to her analysis of this vast subject. Over the years Union Member States have moved on from simple “penal and legal cooperation” as organized through the intergovernmental framework of the Council of Europe. Despite strong resistance to this development, their work is less and less defined by the principle of territoriality and the increasing differences appearing in this area. The author therefore points to the “European penal and legal area, which is beginning to take shape. In the same context as European citizenship, territoriality is not being abolished but is being “superimposed in order to underline belonging to a common geographic collective in which penal borders that were traditionally watertight are becoming increasingly porous”. In this connection, the Treaty of Amsterdam has had a decisive effect insofar as it has conferred the Union with the new objective of maintaining and developing an area of freedom, security and justice. Suddenly, “although national sovereignty remains formally intact, given the decisions on the matter are still taken at unanimity, it is experiencing substantial erosion” and the autonomy of national actors is being progressively affected given that the principle of territoriality becoming more and more relative. Since this evolution, construction of this area has developed in three clearly delineated fields. Traditional penal and legal cooperation is increasingly superseding the process of mutual recognition of penal legal decisions. Secondly, “European actors” have seen the creation of Eurojust and joint investigation teams, which are an obvious advance on the principle of territoriality. Finally, the harmonization of criminal legal legislation, begun on the Treaty of Maastricht is developing at a fast pace. This harmonization is at the heart of Anne Weyembergh's work. After having emphasized the need for this harmonization, she critically analyses the way in which this has been carried out. Hence, she denounces the general and vague nature of common Union definitions in realtion to certain infringements, such as those committed by terrorists, and the dangers of abusive applications that can result from these inaccurate definitions.
Anne Weyembergh has her eye on the future. What is going to happen to the “European penal affairs area”, which has resulted from federalist aspiration and characterized by the implementation of a body of European organizations such as the Prosecutor and European criminal law? We are not yet there and on the contrary, the author regrets the lack of ambition on the part of the Convention on this subject but Weyembergh refuses to exclude this hypothesis as “development in penal affairs both internationally and at a European level has proved instructive…certain changes are not always that far away or as utopian as we think. To quote Lamartine, “Utopia is nothing more than future reality”.
Michel Theys
*** BERND KREMER: Immunität für Europol-Bedienstete ? Eine Untersuchung der Aufgaben und Befugnisse von Europol unter besonderer Berücksichtigung der Immunitätsproblematik. Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen, Switzerland. Tel.: (41-32) 3761717 - fax: 3761727 - E-mail: publicity@peterlang.com - Internet: http: //http://www.peterlang.de ). "Europäische Hochschulschriften - Publications Universitaires Européennes - European University Studies" series, No. 3595. 2003, 437 p.. ISBN 3-631-50299-0.
This academic contribution examines the immunity of employees at the Europol Community office. It also benefited from the advice of Professor Jürgen Meyer, Bundestag representative at the European convention and was accepted as a PhD thesis at the University of Freiburg. The author, a legal expert and administrator a the Bundestag secretariat in Berlin provides a detailed account of the legal ramifications created by immunity in a general sense as well as in relation to the Europol office. He retraces political and legal discussions that occurred in Germany, Austria an the United Kingdom with regard to the exceptional and controversial status of these police civil servants based in The Hague. Bernd Kremer concludes that inclusive legal immunity, as enjoyed by these employees, is not incompatible with the German constitution and international law. According to Kremer, the German government should not have agreed to the European agreements negotiated in this regard. This is a detailed study, which would be useful for experts in international penal law.
(PB)
*** CHRISTIAN DE VALKENEER: Manuel de l'enquête pénale. Editions Larcier (39 rue des Minimes, B-1000 Brussels. Distribution: Accès+, 4 fond Jean Pâques, B-1348 Louvain-la-Neuve. Tel.: (32-10) 482500 - fax: 482519 - E-mail: acces+cde@deboeck.be). 2003, 440 pp., 45 euros. ISBN 2-8044-1271-7.
What are the conditions for the admissibility of evidence that lead to the surveillance of an individual ? This subject opens up an array of difficult questions for those working in the legal field. The weight of a legal investigation has considerably increased when the case goes to court. The way the investigation has been carried out, its shortcomings etc have a decisive effect on the outcome of the criminal proceedings. Although the Criminal Code for Instruction brings together a degree of legislative and regulatory sources in criminal investigations in Belgium, certain sources are concealed behind different laws and rulings, making research in the area particularly painstaking. This is why this book was written and seeks, therefore, to provide a practical approach to the issue. The first two chapters deal with general concepts in criminal investigations, competencies of the different actors and the rules governing their reports, as well as the general principles for legal evidence in criminal proceedings. The following ten chapters focus on practical themes such as identity checks, interrogation and the interception of telecommunications. The author initially examines the legal framework for each of these themes before providing a detailed exploration of the practical applications and specific conditions encountered in the field. In this respect, the book is not a simple compilation of criminal law and jurisprudence and instead, provides a correlation between real cases (on which he comments) and the need to underline certain disparities between what exists in writing and the actual circumstances and their effective application. An internet site is also provided (a kind of virtual manual) in which the reader can research, free of charge, a selection of legislative and regulatory provisions examined in the book, as well as new provisions or those being prepared on the subject and their integration into the manual. The site also has an interactive aspect to it. It was devised as an exchange platform where readers could make comments and where actors in criminal investigations cold submit certain specific cases in which they have been involved, therefore allowing for greater transparency with regard to the issues that are sometimes not in tune with legislation.
(FRo)
*** JEAN-LOUIS HALPERIN: Histoire des droits en Europe. De 1750 à nos jours. Flammarion (26 rue Racine, F-75006 Paris). 2004, 383 pp., 30 euros. ISBN 2-08-210283-1.
A significant number of books seeking to retrace the history of law are off-putting to the uninitiated. This is not the case for this book. It appeared a few months before the bi-centenary of he French and Belgian civil codes and provides the readers with a genuine socio-economic and political analysis of law in Europe. The author, a teacher of legal studies at the Ecole normale supérieure, provides a systematic comparison of the different legal systems in Europe, such as those in the United kingdom, France, Italy and Russia. Most of these countries have common legal roots in roman law but have evolved over the centuries. One chapter is called “One or Several European Legal Systems?” Just when the question is being posed about harmonisation in the European Union, this historical perspective provided by the author gives us something to dwell on with regard to the diversity and community of laws.
(M-LP)
*** ANTOINE FLEURY, CAROLE FINK, LUBOR JILEK (Editors): Les droits de l'homme en Europe depuis 1945 - Human Rights in Europe since 1945. Peter Lang (see address attached). "L'Europe et les Europe, 19e et 20e siècles" series, No. 3. 2003, 364 p.. ISBN 3-906770-51-6.
The idea of publishing a book on the history of human rights since 1945 was mooted at the XVIII International Congress of Historical Sciences in Montreal in 1995. This unprecedented theme was the subject of the XIX Congress in Oslo in 2000. Astonishingly, this subject has achieved mixed results in connection with current historians, whereas it is truly at the heart of European issues and the internal policies of certain Union countries and the continent as a whole. Published in the International Contemporary History Association of Europe series, this historical anthology analyses the development of human rights since the declaration of 1789 up to the European Charter of Fundamental Rights, annexed to the draft constitution. This book provides a reference guide for all those who wish to discover the institutionalisation of human rights at national and European levels. The authors highlight the crucial role played by the Council of Europe and the Community institutions in the taking into account of human rights in the course of European construction: Charter of Human Rights adopted by the Council of Europe in 1948, the European Commission of Human Rights created in 1954, the European Court of Human Rights set up in 1959, direct appeals to the European Court of Justice, citizens having opportunity to address the Commission directly etc. Historians can no longer, therefore, ignore the importance of this theme and even less so given the inclusion of the "Copenhagen criteria", which since 1993 determines the accession of candidate countries to the Union and subsequently, their respect for human rights and the integration of minorities.
(NDy)
*** OLIVIER DE FROUVILLE: L'intangibilité des droits de l'homme en droit international. Régime conventionnel des droits de l'homme et droit des traités. Editions A. Pedone (13 rue Soufflot, Paris). Collection "Publications de la Fondation Marangopoulos pour les droits de l'homme (FMDH)", No 7. 2004, 561 pp., 58 euros. ISBN 2-233-00437-X.
Olivier de Frouville picked a tough subject for his thesis in international law. He focused on the specificity of human rights issues in the area of international public law. He believes that these rights should transcend political idealism to benefit more people but that that the international treaties governing them are too weak. Non-respect of human rights is due to the absence of direct application of these treaties. The intangibility of human rights - while impacting in the international arena via the convergence of positions and the famous "impartial third party" (international judges, experts, members of convention committees or UN reporters) etc should impose its legal logic on countries: "After having been the driving force for the unification of the human rights system and the adaptation of the treaty system, the taking on board of the principle of intangibility" of human rights should lead to the construction of suitable international institutions that can put into place laws on a human scale". This "cosmopolitan law" would guarantee the homogenous nature of the human rights system and affect all legal acts and standards defined in the international treaties. But if human if human rights became the new preferred arena for "new customs" by dealing with the fallout from current disasters, could countries actually manipulate international law to fit their own national interests? According to the author, the nature and scope of human rights would be sufficiently specific for restructuring the traditional international legal institutions and imposing humanitarian demands that are currently ignored by some countries. How can we not agree with this thesis?
(NDy)
*** MARK HOSKINS, WILLIAM ROBINSON (editors): A True European. Essays for Judge David Edward. Hart Publishing (Salter's Boatyard, Folly Bridge, Abingdon Road, Oxford OXI 4LB. Tel.: (44-1865) 245533 - fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). 2004, 399 pp., 50 £. ISBN 1-84113-447-3.
Judge David Edward has had a brilliant career. After practicing as a barrister and teaching Community law in Scotland, he was appointed to the Court of First Instance when it was set up in 1989, then at the Court of Justice where he served for a number of years as Advocate General. This book pays homage, and honoured Edwards when he retired last December. It also looks at issues involving Community law, competition and institutional affairs (contributions include one by president Rodriguez Iglesias, "The Convention and the Court"). Contributions also focus on the "Scottish perspective ", Christine Boch, director of legal services at the Scottish Parliament also touches on the problems specific to the combination of national and Community rights.
(MRo)
*** Regions and Municipalities of Europe. Committee of the Regions - Unité Presse et communication (92-102 rue Montoyer, B-1000 Brussels. Tel.: (32-2) 2822155 - fax: 2822085 - Internet: http: //http://www.cor.eu.int ). April 2004, No. 42, 12 p..
Enlargement of the Union will bring 95 new members into the Committee of the Regions. The challenge is significant but the Committee is preparing the ground by welcoming the new members as observers as from June next year. According to Peter Staub, the new president of the Committee this newsletter presents the position of the Committee on the third cohesion report, which puts down some important markers in view of reducing the disparities. Michel Barnier, at the time Commissioner for regional policy, was guest of honour at the 53rd plenary session of the Committee, which provided the setting for an intense debate on the future of cohesion policy, the main points of which are included in this newsletter. It also focuses on immigration policy, European transport networks and the committee's campaign for a massive turnout in the European elections. Martine Aubry the Mayor of Lille, European capital of culture this year also makes a contribution in this publication.
*** Metamorphosis. European Environmental Bureau (34 bld. de Waterloo, B-1000 Brussels. Tel.: (32-2) 2891090 - fax: 2891099 - E-mail: eeb@eeb.org - Internet: http://www.eeb.org ). April 2004, No. 33, 12 pp..
Metamorphosis looks a the conference on sustainable development jointly organised in Dublin last February by the European Confederation of Trade Unions and the European Social Platform of NGOs. The newssheet also criticises the European Union for its change of position on the Aarhus Convention, an important tool in participatory democracy, particularly in connection with the issue of dissemination of GMOs. The publication also looks at Financial Perspectives for 2007-13 and the Framework Directive on Water. An interview with four actors from the sphere of the environment in accession countries is also included.
*** Annual Report 2003. Eurogroup for animal welfare (6 rue des Patriotes, B-1000 Brussels. Tel.: (32-2) 7400820 - fax: 7400829 - E-mail: info@eurogroupanimalwelfare.org - Internet: http://www.eurogroupanimalwelfare.org ). 2004, 4 pp..
This report presents us with the action taken by Eurogroup for Animal Welfare, particularly in its interaction with European and international institutions. It also summarises the main campaigns undertaken by the NGO. These involve, for example, the improvement of living conditions for breeding stock, the protection of laboratory animals and the reduction in the trade of exotic species.
***Política Exterior. Estudios de Política Exterior SA (6 Padilla. E-28006 Madrid. Tel.: (34-91) 4312628 - fax: 5777252 - E-mail: revista@politicaexterior.com). March-April 2004,No. 98, 186 p., 11 euros. Subscription: 89 euros.
This publication examines certain current issues, such as the confidence of Spanish civil society in improving relations with Morocco. This relationship deteriorated under the previous government. Other contributions assess the orientation of the draft constitution towards a union of countries rather than towards a union of citizens; the Pakistani nuclear programme and the sales of its secrets by Dr Khan. Numerous other studies are included which deal with, for example, US external policy, the “Sharon Plan”, terrorism and non-conventional weapons, the European “Directorate”, energy from nuclear fusion and the geo-strategic implications of demography in the 21st century..
*** Europe infos. Commission of the Bishops' Conferences of the European Communities - The Catholic European Study and Information Centre (45 rue Stévin , B-1000 Brussels. Tel.: (32-2) 2350510 - fax: 2303334 - E-mail: debbichi-ocipe@tiscalinet.be). April 2004, No. 59, 12 p.. Subscription: 27 euros.
There are a number of different subjects dealt with in this publication: the constitution, the thorny issue of agricultural reform, strengthening the right of residency and movement of citizens and their families and references to Christianity in Europe in the preamble of the constitutional treaty. Other contributions examine the US elections, as well as the situation facing one of the oldest Christian communities in the world the Assyro Chaldeans in Iraq, a situation that has barely improved since regime change, given the Kurdish position on their status.