*** LUCIA SERENA ROSSI (Ed.): Il progetto di Trattato-Costituzione. Verso una nuova architettura dell'Unione europea. Giuffrè Editore (40 via Busto Arsizio, 20151, Milan. Internet: http://www.giuffre.it ). 2004, 314 pp, 22 euros. ISBN 88-14-10925-7.
In this book, Lucia Serena Rossi, lecturer in European law at Bologna University, has collected a series of essays which, as she explains in the introduction, trace a sensible path through the most significant innovations of the draft European Constitution. Even though at the time the book went to press,. There was considerable uncertainty about the future of Giscard's draft, Lucia Serena Rossi believes the Convention's work is destined to leave its mark and remain an inevitable watermark for comparing any possible reforms against.
Several legal experts have contributed to this work, particularly Jean-Paul Jacqué, Director of the Legal Service at the Council of the EU (and one of the lawyers who helped draft the 1984 Spinelli Plan), Vassilios Skouris, President of the Court of Justice, Antonio Tizzano, Advocate General at the Court of Justice, Bruno De Witte, from the European University Institute in Florence, and Vlad Constantinesco of Strasbourg University. But one of the most interesting essays for historians is that of Rocco Cangelosi, former Director General for European Integration at Farnesina and currently Italy's Permanent Representative to the EU. Ambassador Cangelosi writes about the Intergovernmental Conference and Italy's role from the Single Act to the end of the IGC in 2003, setting out a historical perspective and beginning with a significant stage in the European Project, the first great revision of the Treaty that led to the 1986 Single European Act (and which was undeniably fallout from the far more ambitious plans of Altiero Spinelli and the European Parliament). Rocco Cangelosi recognises the decisive impulse given to the review by the Delors Commission (which was established on 6 January 1985) with its White Paper on the internal market, an 'impassioned' document unveiled at the Milan European Council in June 1985 (where the Italian Presidency took the bull by the horns and got the decision to hold an Intergovernmental Conference on the revision of the Treaty adopted by qualified majority voting, despite the opposition of the UK, Denmark and Greece). Ambassador Cangelosi also discusses another IGC launched by the Italian Presidency in Rome in December1990, which led to the 1992 Maastricht Treaty. He points out that during the IGC that led to the Nice Treaty, Italy's main contribution had been the Italian-German initiative on strengthened cooperation. He moves on to a chronicle of the negotiations over the draft European Constitution (for which Cangelosi was selected by the Italian Foreign Minister Frattini as his personal representative for preparing the IGC at ministerial level), 'even if this time, the personal representatives, unlike at other Conferences, shouldn't actually have existed on a formal level since the Thessalonica conclusions stipulated that the negotiations were to be carried out exclusively at the political level by heads of state and government or by foreign ministers'. Despite the rather encouraging background of the first round of consultations held by Rocco Cangelosi (a clear desire to save the 'Conventional acquis'), he comments that right from the first discussions, there was a great concern among medium and small states and acceding countries about a managing body of bigger states being formed (this fear had already been expressed in the months of the European Convention). Rocco Cangelosi describes openly and in minute detail the various rounds and ups and downs of these troubled negotiations, without ignoring the criticisms made of the Italian Presidency (the merits of the Italian Presidency were also recognised, of course, particularly by Convention Chairman Valéry Giscard d'Estaing). He points out, for example, that while the Naples Conclave of November 2003 can be considered as broadly positive and encouraging, despite the persistence of great disagreement about institutional matters, tensions between Member States being caused by the suspension of proceedings for excess budget deficits against Germany and France shortly afterwards to complicate the Italian Presidency's job. This was on 27 November, with the December European Council looming. The December Summit, following an unexpected invitation to suspend its work drafted in dramatic wording by President Chirac to Berlusconi, would conclude without achieving any results, to the great regret of the Italian Presidency which had pulled out all the stops to reach agreement, explains Rocco Cangelosi. Was it possible to have acted differently?, he asks, noting that it is difficult to reply but he felt that the political will to reach agreement did not exist anywhere. Italy tried to do its possible to be the guardian of the European Convention text, notes ambassador Cangelosi, who concludes by highlighting the contribution Italy continues to want to make to this tricky stage in the development of the European integration project. A commitment to which Rocco Cangelosi - as his writing and his work at the Italian Permanent Representation to the European Union in the past - has always remained loyal.
Marina Gazzo
*** JURGEN SCHWARZE (Ed.): Der Verfassungsentwurf des Europäischen Konvents. Verfassungsrechtliche Grundstrukturen und wirtschaftsverfassungsrechtliches Konzept. Nomos Verlagsgesellschaft (3-5 Waldseestrasse, Postfach 100310, 76484 Baden-Baden. Tel: (49-7221) 2104-0 - Fax: 2104-43 - e-mail: vertrieb@nomos.de). 2004, 769 pp., 79 euros. ISBN 3-8329- 0685-1.
In the 769 pages of this book, Prof. Jürgen Schwarze, Director of the European Institute at Freiburg University, brings together an impressive collection of essays, mainly by legal experts (including Prof. Günter Hirsch, President of Karlsruhe Court, and Johann Schoo of the European Parliament's Legal Service, Jan-Peter Hix of the Council of the EU's Legal Service and Clemens Ladenburger, of the European Commission's Legal Service), along with MEPs (Karl von Wogau and Elmar Brok), Members of the European Convention that penned the draft European Convention (Elmar Brok (again) and Jürgen Meyer) and former high-ranking European officials (like Horst Günter Krenzler, formerly Director General for External Relations at the Commission). All aspects of the draft European Convention are dissected and analysed.
In the introduction, Prof. Jürgen Schwarze notes that the failure to accept the Convention's draft led to a crisis in the EU, adding that it is hard to imagine a fundamentally different constitution document being able to have comparable chance of success. In the conclusion, he writes that even without a Constitutional Treaty, the EU would not collapse, but he does admit that the EU's credibility and confidence in its capacity to innovate would be seriously damaged if the constitutional reform necessitated by enlargement of the EU to the East is continually put off.
(MG)
*** INGOLF PERNICE: Fondements du droit constitutionnel européen. Editions A. Pedone (13 rue Soufflot, F-75005 Paris). "Cours et travaux" series, No. 1. 2004, 94 pp, 10 euros. ISBN 2-233-00438-8.
The Paris Institut des hautes études internationales (part of Université Panthéon-Assas) has launched a new series of books aiming to leave written records of lectures held at the institute. The first issue looks at the foundations of European constitutional law. Director of the "Walter Hallstein" Institute of European Constitutional Law at Humboldt University in Berlin, Ingolf Pernice attempts to demonstrate that the EU now has a genuine basis for a constitution despite the contractual foundations (the treaties) which it is built upon. He describes the system of the various national constitutions together with the treaties establishing the European Union and the European Communities as a 'compound constitutional system' ("Verfassungsverbund"), with the aim of drawing attention to the basis of legitimacy common to these two constitutional levels, namely the will of citizens and the Member States. This multilevel constitutionalism approach implies that one does not have to wait for the official ratification of the treaty formally establishing the EU's Constitution for the EU to actually have constitutional law. Prof. Pernice argues that constitutional law has existed in practice for many years, and in this book he aims to analyse the essential nature and character of this law. In the preface, Joe Verhoeven, Director of the Paris institute, comments that this progress will probably be described as scandalous by people who still think that the European Union (the Community) is no more than an international organisation. But he goes on to explain that this book bears witness to the growing need to think of international law from the starting point of various inter-state bodies rather than isolated states.
(MT)
*** STEPHANE LECLERC: Droit institutionnel de l'Union et des Communautés européennes. Gualino (31 rue Falguière, F-75741 Paris cedex 15. Tel: (33-1) 56541600 - Fax: 56541649 - e-mail: gualino@eja.fr - Internet: http://www.lgdj.fr ). "Mémentos" series. 2003, 279 pp, 22 euros. ISBN 2-84200-662-3.
In this book, Stéphane Leclerc, senior lecturer in public law at Caen University in France, attempts to give a simple yet exhaustive overview of all of the European Union's institutional law. He sets out in a structured, synthesising manner, an introduction to the European project from 1945 to the present day (from the various Communities to the European Union, from six member states to twenty-give, etc.), going on to explain the institutional system (statute and powers, institutional structure, attributions of the various institutions and bodies, etc.), then the EU's legal system (source of law and the nature of EU law) and finally the jurisdictional system (EU courts and litigation). Each chapter takes account of the most recent changes and is supplemented by a select bibliography to help readers go further. At the end of the book there is an ample index of jurisprudence.
(MT)
*** MASSIMO CONDINANZI, ALESSANDRA LANG, BRUNO NASCIMBENE: Cittadinanza dell'Unione e libera circolazione delle persone. Giuffrè Editore (see above). 2003, 287 pp, 17 euros. ISBN 88-14-10834-X.
In this new book in the series of European law texts edited by Bruno Nascimbene, the focus is firmly placed on EU citizenship, which the Maastricht Treaty added to the list of fundamental and 'historic' freedoms of the Community Treaty - workers' freedom of movement, the right of establishment and the freedom to provide services. The authors highlight the continuity of this tome, following on from other books in the same series (Da Schengen a Maastricht, published in 1995 and La libera circolazione dei lavoratori, published in 1998), which set the new concept of citizenship against the backdrop of the future European Constitution.
(MG)
*** THIERRY GOORDEN: Willy De Clercq. L'art du possible. Editions Racine (49 rue du Châtelain, B-1050 Brussels. Tel: (32-2) 6451893 - Fax: 6465570 - Internet: http: //http://www.racine.be ). 2004, 223 pp, 22.50 euros. ISBN 2-87386-353-6.
Freelance journalist specialising in European issues, who has used much shoe leather in the corridors of the European Parliament, Thierry Goorden provides us with a good biography of a top ranking Belgian - and European - politician. Willy De Clercq experienced the three European institutions from the inside. Finance minister for many years, he worked within the framework of the Ecofin Council. Under Delors, he was Commissioner for international trade matters. This Flemish liberal is in the process of ending his political career at the European Parliament. Through this portrait of an affable, lively politicians, always ready to talk to the media, some fifty years of Belgian and European history are reviewed. The talent of the journalist (and this one has met on so many occasions people who have worked with Willy De Clercq) is to help us discover more than a political career but also the man behind it.
(MT)
*** THIERRY COOSEMANS: Les programmes des partis francophones pour l'élection du Parlement européen de juin 2004. Centre de Recherche et d'Information Socio-Politiques (1A place Quetelet, B-1210 Brussels. Tel: (32-2) 2110180 - Fax: 2197934 - e-mail: crisp@cfwb.be - Internet: http://www.crisp.be ). "Courrier hebdomadaire" series, No. 1832. 2004, 46 pp, 6.90 euros.
This "Courrier hebdomadaire" (weekly newsletter) publishes a comparative analysis of the programmes presented by the French-speaking political parties of Belgium for the European elections which have just taken place. The author notes that while the parties have long given the impression of being euro-enthusiasts, allying themselves with one or other of the banners of fans of the European project, they have moved to a stance of euro-criticism. The federalising project has not really been challenged, but the parties are calling for 'better Europe' or even 'another Europe'.
(MT)
*** Opinion Jeunesse. Forum européen de la jeunesse (120 rue Joseph II, B-1000 Brussels. Tel: (32-2) 2306490). 2004, No. 1, 22 pp. This entire issue looks at relations between young people and the Council of Europe, bearing witness to the sheer quality of the work carried out there by this intergovernmental organisation (the European Youth Forum) with the aim of building an authentic partnership between governments and youth representatives.
*** High nature value farmland. European Environment Agency (6 Kongens Nytorv, DK-1050 Copenhagen K. Tel: (45-33) 367100 - Fax: 367199 - e-mail: eea@eea.eu.int - Internet: http: //http://www.eea.eu.int ). "EEA report" series. 2004, No. 1, 32 pp, 15 euros. ISBN 92-9167-664-0
This report looks at high value natural farmland, meaning land with considerable biodiversity and often characterised by non-intensive farming methods given the natural or social and economic characteristics of the terrain. The report describes the characteristics of such land and highlights its importance for ecology. It gives an overview of the current situation and trends in Europe, and the impact of intensifying farm production and leaving farmland fallow or abandoning it. The report also takes a look at current and future policies aiming to protect such high value farmland for nature, which tend to be concentrated in the east and south of Europe and are under serious threat of intensive farming at the moment. Although the important nature of such farmland is recognised in many EU documents, there are no concrete protection policies in place, which seriously jeopardises the chances of achieving the target of halting the decline in biodiversity by 2010.
*** Revue d'Allemagne et des Pays de langue allemande. Société d'Etudes Allemandes (CNRS - Bâtiment 40, 23 rue du Loess - BP 20, F-67037 Strasbourg Cedex 02. Tel: (33-3) 88107316 - Fax: 88106482 - e-mail: christiane.weeda@urs.u-strasbg.fr). October-December 2003, No. 35/4, 134 pp 16 euros. Annual subscription: 56 euros.
This issue is entitled, "The German model - Is it out of date?". It includes three essays looking at the crisis facing the German political and social model. Root and branch social reforms will be necessary, but they will require changes in the German political model. The first essay considers how the basic German laws need to change to meet the challenges currently facing German society. The second considers the Schröder government's social reforms which although highly unpopular were the first steps in a necessary change process. The third essay considers the three shocks that hit the German economy. There are also other articles on the impact of the 1955 Saar referendum on French-speaking Belgium, and compares moves by Germany to create closer links with France, Poland and the Ukraine.
*** Forum. Das Magazin der Bertelsmann Stiftung. Bertelsmann Stiftung (256 Carl-Bertelsmann-Straâe, D-33311 Gütersloh. Tel: (052-41) 8181160 - Fax: 8181999 - e-mail: angelika.turowitz@bertelsmann.de - Internet: http://www.bertelsmann-stiftung.de ). 2004, No. 1, 48 pp.
As the timetable would have it, the first 2004 issue of the Forum magazine includes several articles on enlargement of the European Union, under the title "Das neue Europa" (New Europe). Danuta Hübner - currently European Commissioner but Polish European Minister when the article was actually written - writes about enlargement of the EU to the East and the Polish desire to see a Europe of solidarity. Cardinal Miloslav highlights the role of Christianity in Europe and the need for a dialogue between cultures, while Citibank manager Christine Licci writes about reconciling family and professional life. Many other articles look at social, cultural and education issues.
*** United Kingdom. OECD Publications (2 rue André - Pascal, F-75775 Paris Cedex 16). "Economic Surveys". March 2004, No. 3, 226 pp. ISBN 92-64-02022-5.
This report is based on research into the economy and politics of the United Kingdom by the OECD's Economic and Development Review Committee, which examines the economies of OECD member states. The report's assessments and recommendations focus on the macroeconomic situation - whose performance has been impressive, although the United Kingdom still lags behind somewhat in terms of competitiveness - and future prospects and challenges to be faced. The main challenges are managing chronic instability in the housing market, increasing the efficiency of public spending and making up the productivity gap. The book is supplemented by a series of statistics and graphs.
Reviews in brief
*** Charter News. Energy Charter Secretariat. Spring 2004, No. 18, Brussels. A newsletter outlining activities connected with the European Energy Charter.