*** STEVE PEERS AND ANGELA WARD (Eds.): The EU Charter of fundamental rights. Politics, law and policy. Hart Publishing Ltd (Salter's Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB. Tel: (44-1) 865245533 - Fax (44-1) 865794882 - E-mail mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). 2004, 392 pp, £45. ISBN 1-84113-449-X.
Signed and proclaimed by the European Council in December 2000, for the first time in the history of the European Union, the Charter of Fundamental Rights crystallises the body of fundamental rights recognised as such by all Member States. The Charter is particularly important today since it forms part of the Union's constitutional treaty.
Edited by two lecturers in law at Essex University, this book assesses the Charter's impact from four main angles. First of all, the text of the Charter is analysed against the backdrop of the debate on giving Europe a constitution - will the Charter continue to be the cornerstone of the expression of shared values, a de facto reflection of "constitutional patriotism"? How will it impact on domestic legislative systems? Thereafter, an examination of the Charter's potential impact on various European policies, together with its fair share of criticisms. Recognising, for example, that the Charter may strike a balance in the application of economic freedoms by stepping up respect for political and social rights, one of the authors admits that European economic policies have always been influenced by much broader policy considerations, which means that the Charter does not make such a determining qualitative contribution. Similar scepticism with regard to environmental concerns and consumer protection, restricted to the application of European policies. There is therefore no obligation to incorporate them in national constitutions, which casts doubt in the author's mind on the value added of the Charter compared with the directives already in force. Good marks are scored, however, by Charter measures concerning health policy, an area which is likely to be given greater visibility through the crystallisation of the fundamental principles, although the author of this particular chapter believes that individual freedoms are being eroded away here.
The book goes on to explore the Charter's consequences in terms of recourse to justice. The authors consider the text's contribution with regard to the legal implementation of fundamental rights, and also look at the right of appeal. Comparisons with the European Convention of Human Rights and the Council of Europe's mechanism are inevitable. Finally, the book takes an external vantage point, comparing the Charter of Fundamental Rights with the international system for the protection of human rights, examining in passing how the Charter will impact on the accession process of the candidate countries. For while respect of human rights is scrupulously controlled in the pre-accession phase, it is not checked so carefully upon entry to the European Union, which raises the question of how the Charter could improve the institutional follow-up of respect for fundamental freedoms within the Member States.
The four different angles adopted in this series of essays are finally linked together, and despite criticisms expressed throughout the book, the Charter of Fundamental Rights appears likely to assume a pivotal role in the development of the European Union's legislative and constitutional system.
Stéphanie Tuetey
*** MARIO DEHOVE (Ed.): Le nouvel état de l'Europe. Les idées-forces pour comprendre les nouveaux enjeux de l'Union. Editions La Découverte (9 bis rue Abel-Hovelacque, F-75013 Paris. Tel: (33-1) 44088400 - Fax: 44088417 - E-mail: ladecouverte@editionsladecouverte.com - Internet: http: //http://www.editionsladecouverte.fr ). 2004, 215 pp, 16 euros. ISBN 2-7071-4259-X.
As the authors of this enlightening book (exemplary in terms of pedagogy and user-friendliness for a wide audience) explain, Europe these days is a subject on everyone's lips even more than in the past. But how can Europeans be persuaded of this? How can citizens be convinced, as Prof. Mario Dehove explains in the foreword, that the stakes are high in Europe, which although seeming to be technocratic and institutional, is a living and resolutely political being, which will go down in the annals of history, despite the prosaic nature of certain controversies? The book provides answers to these questions. Fifty authors, lawyers, political scientists, economists, sociologists, historians and geographers, present in the form of key ideas, a hierarchical vision of the various challenges facing the European Union today. In a highly accessible, deliberately synthesising and didactic style, some sixty themes are covered, each of which corresponds to a key word: citizenship, memory, institutional triangle, government, rule of law, subsidiarity, federalism, sovereignty, democracy, social model, the euro, liberalism, Common Foreign and Security Policy, European defence, borders, inequality, World Trade Organisation, immigration, globalisation, etc. Former manager of the 'Commissariat général du Plan sur l'Europe' and general rapporteur of the French thinktank on the European institutions chaired by Prof. Jean-Louis Quermonne - one of the high-level contributors to this book -, Mario Dehove explains that it is no longer sufficient to talk about Europe as a kind of imaginative social engineer using computers to invent new economic and social machinery. He argues that Europeans have had their fill of theories and prophets aiming at the construction of Europe. Since the fall of the Berlin Wall, the achievement of the Common Market and the adoption of the single currency, he writes that Europe's horizons can no longer remain focussed on building Europe (therefore expanding as the EU itself expands) but should focus on its achievements - what has it done with itself now that it exists? This new historical dimension to the identity of the European Union runs through the book!
(MT)
*** ANDREAS WILKENS (Ed.): Le Plan Schuman dans l'histoire. Intérêts nationaux et projet européen. Editions Bruylant (67 rue de la Régence, B-1000 Brussels. Internet: http: // http://www.bruylant.be ). 2004, 466 pp, 45 euros. ISBN 2 -8027-1862-2.
An 'indispensable' book to be read (or at least consulted) by anyone interested in the origins of the integration process in Europe over the past fifty years, specifically since 9 May 1950. A very useful and detailed bibliography. To mark the fiftieth anniversary of the Schuman Declaration, inspired and drafted in detail by Jean Monnet and his team, a conference was held at the Institut Historique Allemand in Paris of two dozen speakers from a series of countries - an incomparable source of information about the origins, reception and initial developments of Europe, a historical event of such huge importance. Nothing in history comes out of the blue, of course, but whether it is a myth or not (and this is looked into in the book), there was certainly a 'before' and an 'after'. 'Before' there were dreams, intentions and even plans; 'after' there were sustainable realities, successes and sometimes failures. Which continue into the present… 'Little Europe' has grown up, euros are in the pockets of European citizens in twelve countries (with more set to join) and there is the beginning of a constitutional treaty.
There is a wide range of information in this book - all of it most interesting. Without claiming to cover everything, one can mention the introduction by Andreas Wilkens (of Orléans in France) and the conclusion by Wilfried Loth (of Essen in Germany), two 'horizontal' essays, one by Pierre Gerbet (Paris) on "The Birth of the Schuman Plan" and the other by Gérard Bossuat (Cergy-Pontoise) on "The Schuman Declaration: from history to myth". In addition, there are detailed analyses of the process of implementing the Schuman Plan in several countries (West and East Germany, France, Italy and the UK) and a series of different milieus in the countries in question (industry, trade unions, political parties and federal activists), as well as in public opinion and the media. Much space is also given over to the political interest of leaders in the United States and the decidedly negative attitude of the Soviet Union, Communist Parties and the separatists of the day.
Special mention should also be made of the moving essay by Pascale Winand (of the European University Institute in Florence) on "Max Kohnstamm and the Schuman Plan". A high-ranking Dutch official, twice imprisoned for involvement in the Resistance, M. K. bore close witness to the very first steps in the building of Europe: after being involved in negotiating the ECSC Treaty, he rapidly grew close to Monnet and became the first general secretary of the High Authority. A personal comment by Daniela Preda (of Genoa) at the end of her essay on "Italy and the Schuman Plan" cannot go unmentioned. After describing the clairvoyant action of the President of the Italian Council, Alcide De Gasperi, requesting (and obtaining) the renowned Article 38 on the political integration of Europe, there was a plan to form a European Defence Community (stillborn at its birth in August 1954), Daniela Preda writes: 'De Gasperi used to assert that it was impossible for the European army to be run by officials. Would he have stopped at the establishment of the single currency?' We cannot rewrite history, of course, but history does give us food for thought and can shed light on our activity. A book to be read and recommended for others to read!
(JRR)
*** LAIA MESTRES I CAMPS: Liderazgo y Hegemonía en la Unión Europea: Francia y Alemania ante la CIG-2000 y el debate sobre el futuro de la UE. Institut universitari d'estudis europeus (Universitat Autònoma de Barcelona, Edifici E-1, 08193 Bellaterra, Barcelona, Spain. Tel: (34-93) 5812016 - Fax: 5813063). "Pol europeu Jean Monnet" series, No. 41. 2003, 104 pp. ISBN 84-95201-13-5.
This doctoral thesis by Laia Mestres i Camps - a researcher at the University Institute of European Studies who studied for her doctorate on international relations and the European project at the Autonomous University of Barcelona - considers the complex issue of bilateral relations between France and Germany from the end of the Second World War to the end of the century, and how Franco-German relations influenced the growth of the European Union. The book is divided into four parts. The first, very general, part looks at the behaviour of big Member States in regional organisations, considering the definition of two concepts - hegemony and leadership. In the second part, the author looks at the importance of France and Germany during the first fifty years of the European project (1949-2000). In the third part, Laia Mestres i Camps considers the Intergovernmental Conference of 2000, a time when the Franco-German pair withdrew and barely played any leadership role. Finally, she describes the debate on the future of the European Union following the IGC, which led to the relaunch of Franco-German ties, particularly through the relaunch of the Treaty of the Elysée.
(NBo)
*** SYLVIE TROSA: L'évaluation des politiques publiques. Institut de l'entreprise (6 rue Clément Marot, F-75008 Paris. Tel: (33-1) 53230540 - Fax: 47237901 - E-mail: doc@idep.net - Internet: http://www.idep.asso.fr ). "Les Notes de Benchmarking international" series. 2004, 75 pp, 15 euros.
Little attention is paid to changes in public policies in France, where, as Yves Cannac, President of the Observatoire de la Dépense Publique at the Institut de l'entreprise explains, the battle of ideas is seen as more important than sticking to nothing but facts. This research aims to convince the French to change their views, or at least to add the discipline of facts to their passion for ideas. Head of Mission at the French Health and Social Affairs Ministry, Sylvie Trosa uses the experience of the British Treasury and the budget department in Australia to plead her case. After describing the emergence of the idea of benchmarking, she looks at reasons behind the slow and hesitant progress of benchmarking in France. Highlighting the historic opposition of the French model and the Anglo-Saxon model of assessment, she analyses the gradual convergence of the two. Based on international benchmarking research (the results of which are published in an annex), she ends by identifying five key factors of success, which if implemented in France, would give benchmarking the central position it deserves in her view for the implementation of public policies.
(MT)
*** TOM SPENCER: Public Affairs and Power. Essays in a Time of Fear. Landmark Publishing (402 av. de Tervuren, B-1150 Brussels. Tel: (32-2) 7799549 - Fax: 7799563 - E-mail: info@landmarks-publishing.com). 2003, 108 pp, 28 euros. ISBN 90-74373-16-X
When he left the European Parliament in 1999, Tom Spencer, former MEP and founder of the European Centre for Public Affairs, started writing this book of fifteen essays. A cross between journalism and research, the book aims to identify major trends, challenges and questions facing politics today.
(NBo)
*** Studia Diplomatica. Institut royal des relations internationales (69 rue de Namur, B-1000 Brussels. Tel: (32-2) 2234114 - Fax: 2234116 - E-mail: studia.diplomatica@irri-kiib - Internet: http: //http://www.irri-kiib.be ). 2003, No. 3, 120 pp. Annual subscription: 81 euros (Belgium), 93 euros (rest of EU), 100 euros (wider Europe). ISBN 2-9600353-5-6.
This issue provides analysis (in Dutch) in the form of technical articles for experts on three issues. The first essay considers the optimisation and coordination strategies for European policies in Belgium. The second looks at different national approaches to the funding of the European Union in the 1980s and outlines possible sources of funding today, while the third looks at the use of language in the European institutions. Luc Willemarck asserts that there are plenty of arguments for recognising regional languages, like Catalan, which are spoken by more people than some of the four original languages. He argues that the future is open with regard to a pan-European Lingua Franca.
(FOc)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Reclaiming city streets for people. Chaos or quality of life? DG Environment (Fax: (32-2) 2996198 - E-mail: env-pubs@cec.eu.int). 2004, 52 pp. ISBN 92-894-3478-3
Awareness is growing in many towns and cities in Europe of the problems of traffic in terms of quality of life. With a predicted 40% increase in the number of miles driven by car owners in urban areas between 1995 and 2030, the Commission has published this informative brochure aimed at public authorities in urban areas. It identifies the negative impact of cars in towns and cities and makes a number of suggested solutions. Paradoxically, at first sight, the solutions are headed by a reduction in road capacity. The Commission then gives examples of towns which have followed this policy, and goes on to provide advice and a road map.
*** 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. 110, 12 pp, 32 euros. Annual subscription: 867.85 euros.
The leading article in this issue looks at company restructuring, currently quite common in Europe, and how the European Union responds to them. The EU, for example, has approved new guidelines for state aid for company rescue and restructuring plans, in contradiction to the general rule banning such aid. This issue also contains the first section of a recap of major social legislation passed in 2004. Subscription holders will also receive the summaries prepared by Liaisons Sociales of EU social legislation. This hundred page document includes a balance sheet of the EU's activity in the field of social rights, an article on "soft law", and details of innovations in EU legislative activity.
*** La lettre de Confrontations Europe. Confrontations Europe (41 rue Emile-Zola, F-93107 Montreuil Cedex. Tel: (33-1) 49881194 - Fax: 49881184 - E-mail: Confrontations@wanadoo.fr - Internet: http://www.confrontations.org ). August-September 2004, special issue, 20 pp, 4.60 euros. Annual subscription: 23 euros.
This special issue opens with an editorial by Claude Fischer - Secretary General of Confrontations Europe- acknowledging the democratic and institutional progress made by the Convention and the Constitutional Treaty while regretting the general lack of citizen involvement, and taking a resolute stand in favour of the Constitution. This issue also describes changes in Confrontations Europe, describing the opening of offices in Brussels, the new layout of the newsletter and the central themes studied by the series of working groups and the network of sister organisations.
*** La Lettre de la FIDH. Fédération Internationale des Ligues des Droits de l'Homme (17 passage de la Main d'Or, F-75011 Paris. Tel: (33-1) 43552518 - Fax: 43551880 - E-mail: fidh@fidh.org - Internet: http: //http://www.fidh.org ). June - July 2004, No. 70, 20 pp, 4 euros. Annual subscription: 50 euros.
The International Federation of Human Rights Leagues underlines its commitment (through its legal action group) to victim support in legal proceedings against those accused of torture and crimes against humanity by national courts. It will be opening an office in The Hague to ensure a permanent presence at the International Tribunal. The newsletter gives an overview of the global human rights situation, with articles on the decision by the US Supreme Court recognising the competence of federal courts in deciding on the legality of detaining foreigners at Guantanamo Bay, the decision by the International Court of Justice on the illegality of the wall around the Occupied Territories, and freedom of speech in China.
*** Élan. FEC (17 place Saint-Etienne, F-67081 Strasbourg. Tel: (33-3) 88353620 - Fax: 88379983 - E-mail: fec.strasbourg@wanadoo.fr). September 2004, No. 3, 32 pp, 7 euros. Annual subscription: 27 euros.
The main dossier looks at Madagascar, describing the efforts by monks in the Vozama Association to educate poor children in one of the few countries in the world where the next generation will be less well educated than the current generation.
Review in brief
*** La Flandre. September 2004, N. 30 . This issue includes articles on the increase in the number of Flemings on the management of big business, a breakdown of Belgian exports and the dividing up of the administrative area of 'Bruxelles-Hal-Vilvorde'.