*** FRANÇOISE RUDETZKI: Triple peine. Calmann-Lévy (31 rue de Fleurus, F-75006 Paris. Tel: (33-1) 49543600 - Fax: 46543639 - Internet: http://www.calmann-levy.fr ). 2004, 355 pp, 19 euros. ISBN 2-7021-3394-0.
At a time when terrorism has given rise to real psychosis in the western world, the publication of this autobiography is highly (and disturbingly) topical. Its author, founder of 'SOS-Attentats' in France, provides us with a poignant account of her suffering following the terrorist attack she fell victim to some twenty years ago, and how she has waged a battle against the indifference which is the fate of the victims of terrorist acts.
Her book starts with an account of the fateful day of 23 December 1983. Françoise Rudetzki was celebrating her tenth wedding anniversary in the prestigious Paris restaurant Le Grand Véfour near the Palais Royal, when a bomb went off, crushing her legs. A hugely painful fight for life ensued, and a battle against her terrible handicap. The author was very soon to discover that there is no aid for victims of terrorism and she decided to fight back, using her lawyer training to plead the case of the victims of terrorism with French political bodies and setting up the SOS-Attentats association. Together with an uncomplaining account of her own suffering, Françoise Rudetzki outlines the problems she encountered in trying to convince the politicians of the time to recognise the rights of victims of terrorism. In twenty years of relentless struggle, she would achieve the establishment of compensation guaranteed by the state, the recognition of the legal status of civilian victims of terrorism, and aid for victims. She expresses her indignation at the oft repeated phrase, 'nobody was killed in the attack' as if the injured didn't count. She describes the relief at nobody being killed as cowardly, since while all heads of state go on about terrorism and the war on terror these days, terrorism was seen as marginal in the 1980s, despite the fact that France at the time was subject to a series of terrorist attacks by Action Directe anarchists and the international terrorist Carlos the Jackal. 'When I look back at the last twenty years,' writes Françoise Rudetzki, 'I sometimes get the impression that a handful of us managed to move mountains. In this eminently conservative country, we managed to change both laws and habits, so that France could have the only system for protecting the victims of terrorism to be found anywhere in the world.' Another area of trauma for the author is the fact that the people behind the attack in which she was injured have never been identified. Unthinkable today, but back then, the authorities did not believe it was appropriate to ask for any further investigations by the anti-terrorist squad or the general surveillance department. At the time, the anti-terror units had only just been set up.
Françoise Rudetzki has been a plaintiff in all court cases concerning terrorism. SOS-Attentats has covered more than 2000 cases, being forced by very nature of things to play the role that would normally fall to the powers of the state. Once seen as an obstacle to the proper working of the state because it bore witness to failures in security, SOS Attentats is now recognised by the authorities and has been granted non-governmental organisation status by the United Nations. During the negotiations with sources close to Colonel Khadafi over compensation for victims of the DC-10 terrorist attack, Dominique de Villepin, French foreign minister at the time, even made sure SOS-Attentats was given a place round the negotiating table.
Stéphanie Tuetey
*** CONSTANCA DIAS URBANO DE SOUSA, PHILIPPE DE BRUYCKER (Eds.): The Emergence of a European Asylum Policy - L'émergence d'une politique européenne d'asile. Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129845 - Fax: 5117202 - e-mail: info@bruylant.be - Internet: http://www.bruylant.be ). "La Faculté de droit de l'Université libre de Bruxelles" series. 2004,344 pp, 65 euros. ISBN 2-8027-1815-0.
The Academic Network of Legal Studies on Immigration and Asylum in Europe was established in 1999 with the support of the European Commission through the Odysseus Programme. It is composed of specialist lawyers from all the EU Member States to consider and extend knowledge in the field of foreigners' rights under the emerging EU immigration and asylum policy. It also aims to extend this knowledge as widely as possible through new technology (the network can be contacted by e-mail: odysseus@ulb.ac.be). The book originated from a conference the network organised in Lisbon on the European Union's emerging asylum policy, which assessed the implementation of the Amsterdam Treaty half way through the five year period foreseen for the implementation of the area of freedom, security and justice. Some essays have been updated to take account of new legislative development in this domain last year. This highly comprehensive book also covers issues like defining the country responsible for processing asylum claims, and the breakdown of charges for claims processing. (MT)
*** KERSTIN DEGENHARDT: Europol und Strafprozeß. Die Europäisierung des Ermittlungsverfahrens. 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 ). "Frankfurter kriminalwissenschaftliche Studien" series, No. 78. 2003, 344 pp.. ISBN 3-631-39629-5.
The connection between Europol's powers and penal law measures are examined in this doctoral thesis by a lawyer for the University of Frankfurt am Main. A critical analysis, highlighting the shortcomings in juridical and parliamentary control of Europol, and the need to guarantee fundamental rights of freedom within the European context. The author is sceptical about Communitarianising European police cooperation and the transfer of sovereignty, but believes that EU legal structures have to be created to control Europol's activities. It is surprising that in the conclusions, Kerstin Degenhardt virtually ignores the EU's Charter of Fundamental Rights. (PB)
*** RENE ANDRE: Les dérives de l'Office européen de lutte anti-fraude. L'urgence d'une réforme de la "police financière" de l'Europe: qui gardera les gardiens ? 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 ). "Rapport d'information", No. 1533. 2004, 65 pp., 3.50 euros. ISBN 2-11-118308-3.
This Rapport d'information newsletter analyses the reform of OLAF, the EU's anti-fraud office, unveiled by the Commission in February 2004. Initially, French parliamentarian René André outlines OLAF's mission, established in June 1999 after the institutional crisis that almost brought down the Santer Commission. The mission entails protecting the EU's financial interests, combatting fraud, corruption and illegal activities, including within the EU institutions. Operationally independent, OLAF is, nevertheless, one of the European Commission's administrative services, but with wide powers of investigation. The second part of the report highlights malfunctioning in OLAF, exacerbated last year by the Eurostat affair. Its ambiguous status, lack of communication of information connected with its investigations, and the increasing politicisation of investigations are reported to have an impact of weakening the institutional balance, particularly the European executive. Not to mention the serious violations of fundamental rights allegedly committed during OLAF investigations but which cannot be sanctioned due to a lack of adequate jurisdictional control. Lastly, the author studies the Commission's reform proposals aiming to clarify the relation between OLAF and the European institutions and provide greater protection of individual rights by listing procedural guarantees to be respected and, more importantly, recommending the need for effective legal recourse. In René André's view, this should involve the creation of a European public prosecutor, as the only guarantee of effective juridical control of OLAF's investigations. (STu)
*** RENE ANDRE: Quelles perspectives pour l'espace pénal européen ? Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Rapport d'information" series, No. 1730. 2004, 59 pp, 3.50 euros. ISBN 2-11-117698-2.
In this separate Rapport d'information, René André draws up a balance sheet of the implementation of the programme for a European legal area launched by the Tampere European Council. The author clearly argues that the focus should be put on the mutual recognition of court decisions, believing that legislative harmonisation would raise issues with regard to the principle of subsidiarity. (MT)
*** THIERRY MARIANI: Vers une police européenne des frontières ? L'Agence européenne pour la gestion de la coopération opérationnelle aux frontières extérieures. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Rapport d'information" series, No. 1477, 2004, 28 pp, 3.50 euros. ISBN 2-11-118551-5.
The EU's immigration policy changed hands under the Amsterdam Treaty, no longer depending wholly on national authorities. This report by French parliamentarian Thierry Mariani focuses on the question of borders - and border controls - in the context of the recent wave of enlargement through which the European Union now rubs shoulders with countries from the Soviet Union and the Balkans (not to mention Mediterranean countries). The author believes that the European Commission's plan to establish a European agency to take control of managing operational cooperation on the EU's external borders is a step in the right direction, but is of limited impact. In the medium term, he argues for the establishment of a European border guard, composed of continents of national border guards, which could support local police, backing them up where necessary. Scandinavian countries, the UK and Poland are highly reluctant to accept this idea, but Thierry Mariani argues that the use of strengthened cooperation would make it possible to make useful progress in this domain. (MT)
*** Report on the risk assessment of TMA-2 in the framework of the joint action on new synthetic drugs. European Monitoring Centre for Drugs and Drug Addiction (Official Publications Office. Internet: http://www.publications.eu.int ). "EMCDDA Risk Assessments", No. 7. 2004, 74 pp.
This report by the Europe Monitoring Centre for Drugs and Drug Addiction makes a risk assessment of TMA-2 (2,4,5-trimethoxyamphetamin) in terms of health and society, as part of the common action on synthetic drugs launched in 1997. (MT)
*** Archives de politique criminelle. A. Pedone (13 rue Soufflot Paris). "Archives de politique criminelle" series, No. 25. 2003, 269 pp, 42 euros. ISBN 2-233-00434-5.
A joint publication by the crime policy research team of Montpellier I University, the Law and Justice Research Mission of the French Justice Ministry, and the Centre de droit pénal comparé of Paris I University, this book starts by paying tribute to two eminent French professors who recently passed away: Georges Levasseur, founder of the crime policy centre which launched the Crime Policy Archives in 1975; and Jean Carbonnier, one of the greatest French lawyers. It goes on to discuss the principles and problems of crime policy in a series of theses: "Between legal cunning and humanitarian imperatives - the judicial torture policy from the twelfth to the eighteenth centuries", "Penal law and penal procedures against a backdrop of insecurity", and "Changes in doctrine over the use of police with regard to crime policy in sensitive urban areas". The second part of the book looks at applied crime policy, dealing with subjects such as the link between organised crime and petty crime in the EU under Schengen, penal policy with regard to road traffic, procedural initiatives in the nineteenth century and how crime is penalised in the light of an "empirical study into popular mentality in Swiss Romande". The whole of the comparative crime policy column is given over to changes in crime policy in Iran, in the context of internationalisation of penal law. The book includes bibliographical notes. (NBo)
*** MAITE DE RUE, CHRISTIAN DE VALKENEER: Les méthodes particulières de recherche et quelques autres méthodes d'enquête. Commentaire de la loi du 6 janvier 2003 et de ses arrêtés d'application. Larcier (39 rue des Minimes 39, B-1000 Brussels. Tel: (32-10) 482619 - Fax: 482750 - Internet: http: //http://www.larcier.com ). "Les dossiers du Journal des Tribunaux" series, No. 44. 2004, 174 pp, 56 euros. ISBN 2-8044-1261-X.
Special investigative and research methods have been given a legal framework in Belgium by a recent law (of 6 January 2003). Methods such as surveillance, infiltration and the use of spies, direct phone tapping, the interception of mail, the collection of bank account information and secret visual controls, have been used for years. Sensitive, to say the least, these methods required legislative intervention both for legal and operational security reasons and for the protection of fundamental rights. Maité de Rue, research assistant at the legal faculty of the Université catholique de Louvain, and Christian De Valkeneer, advisor at the Brussels Court of Appeal and lecturer at the same university, start off by placing these methods in their historical and international context. They then make a critical analysis of the new legislation which, while rendering the methods commonplace, fails to guarantee their actual effectiveness in terms of fighting serious organised crime. (NBo)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** RDT info. DG Research, Information and Communications Unit (Tel.: (32-2) 2959971 - Fax: 2958220 - E-mail: research@cec.eu.int). August 2004, No. 42, 40 pp.
The seat of honour in this issue of the newsletter is given over to hydrogen. At a time when energy dependence is on people's minds and the greenhouse gas effect is no longer seen as a remote danger, hydrogen seems to be the new energy revolution. Although it requires another energy source to be produced, the H2 molecule has the advantage over oil of only emitting clouds of water. It can be produced in Europe and, unlike electricity, is easy to store. RDT Info also focusses its aim on satellite observations of planet earth through a French company's plans to use such observations to monitor the health of the planet. Other articles look at mycotoxins, powerful chemicals produced from fungi.
*** EURinfo. Representation of the European Commission in Belgium (73 rue d'Archimède, B-1000 Brussels. Tel.: (32-2) 2953844 - Fax: 2950166 - E-mail: represent-bel@cec.eu.int - Internet: http: //europa.eu.int/comm/represent/be). September 2004, No. 288, 20 pp.
Published by the European Commission's Representation in Belgium, this review aims to help Belgians understand the functioning and work of the Commission and how it interacts with the city of Brussels where it is based. There are a series of useful articles, instructive without being over-technical, to increase the transparency of the European institutions. For example, this months' dossier looks at the Commission's budget (size, where the money comes from, how it is allocated, changes in the Cohesion Policy, etc) while other articles look at issues like the new European Parliament and the new Commission, and European waste reduction programmes. The section on 'l'Europe au fil du mois' highlights important issues in European news from the previous month.
*** 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 ). September 2004, No. 481, 68 pp, Annual subscription: 202 euros.
In this issue, Javier Solana discusses the European security and defence policy, describing the need for this policy, and describing how it might develop. Another article, highly topical in the run-up to the Commission's decision on the matter, looks at the possibility of Turkey joining the EU and considers developments in this connection. Nicolas Moussis defends the idea of a common information policy to bring citizens closer to the EU (citizens feel badly informed at the moment) and looks at how the EU can be given full legitimacy. Other articles look at the Constitution through the forceful return of subsidiarity to the Treaty and the role it is given there.
*** 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 ). July-September 2004, No. 109, 12 pp., 32 euros. Annual subscription: 867.85 euros.
Liaisons sociales Europe outlines the report on the future of the social policy in the enlarged EU, commissioned in 2002 to help the Commission draw up a draft European social agenda for 2006-2010. One article describes various points of the Dutch Presidency's attempts to achieve the social agenda., while another looks at a CFDT trade union conference on companies' social responsibility, which it is planning to turn into a real trade union issue. There is an article on the directive on European works councils, and an initial assessment of the 11 June 2002 law to combat harassment at work.
*** Metamorphosis. European Environmental Bureau (34 Bd. de Waterloo, B-1000 Brussels. Tel.: (32-2) 2891090 - Fax: 2891099 - E-mail: eeb@eeb.org - Internet: http://www.eeb.org ). August 2004, No. 34, 12 pp.
The European Environmental Bureau and WWF criticise the conclusions of the working group that looked at the impact of companies on the environment. Both groups were members of this working group, headed by the Commission. It also considers the Irish presidency's environmental plans and outcomes, the implementation at national level of the Common Agricultural Policy and the consequences of the Lisbon process on the environment. The review also looks at the EU's new sustainable development strategy, which will require energetic leadership from the Commission if it is to produce the promised outcomes.