*** OLIVIER DEBARGE, PIERRE-YVES LAURENT, OLIVIER RABAUY (Eds.): Quel avenir pour l'Union européenne. La stratégie de Lisbonne définie par le Conseil européen en 2000. Etablissements Emile 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 ). 2004, 284 pp, €45. ISBN 2-8027-1909-2.
The sub-heading of this book published by the Groupe interdisciplinaire d'étude et de prospective internationale (an association set up by young doctors of law students at Reims in France) following a conference in October 2003 at the Legal and Political Science Faculty of the university based in the capital of the Champagne area, is deceptive. Going by the sub-heading, one might believe that the Lisbon Strategy is the only topic under consideration. Which is not untrue, but does over-simplify somewhat because the issue is approached taking the long view and set against a much broader intellectual backdrop. The book focuses on the 'French lessons' of the European project, with Prof. Jean-Pierre Colin arguing for example that Europe "will never be the tombstone of the nations forming it", since it is true that 'it is only if those nations remain alive that Europe can advance as anything other than a horrendous bureaucratic Frankenstein.' The book is penned by academics from very different scientific backgrounds namely public and private law specialists, economists, historians, sociologists specialising in taxation, geopolitical experts, politician scientists specialising in information and communication technology
and more.
The first part of the book looks at the economic ambitions of the Lisbon Strategy which the three editors describe as being a rather difficult marriage of economic, social and environmental imperatives that could legitimately be seen as contradictory. The first essay on growth potential and the Lisbon Strategy by Gérard-Marie Henry argues that Europe's 'disconnection' from the United States is mainly the result of micro-economic considerations and how the labour market operates. The role of the European Council in economic and social governance is then critically studied (the authors write about 'corruption' of the institutional triangle system), followed by discussion of the impact of the Lisbon Strategy on private operators against the backdrop of globalisation. This section includes an essay by sociology lecturer Marc Leroy on the future of regional structural policy in Europe, which does not beat about the bush in its conclusions: "The rhetoric of sustainable development, the dogma of competition, and financial and institutional horse-trading will not suffice for governing and ensuring the social, economic and territorial cohesion of the enlarged Europe". The second part of the book, on knowledge-based Europe as a growth element, sees Prof. Gilles Rouet consider whether a European education policy is needed (he writes that a veritable European higher education policy already exists, but it is a question of how it will change under the Lisbon Strategy), while Thierry Côme looks at the 'frustrated' mobility of students in Europe, and Renaud de la Brosse at modern information and communication technology. Under the heading, 'A model of society compatible with growth?;, the third part of the book looks at the legal approach to sustainable development and a few milestones in relations between the EU and welfare.
For the further delight and delectation of readers, there is a delicious article looking beyond Lisbon by Emeritus Professor Gérard Farjat. Considering Europe's role in the inevitable globalisation phenomenon, he makes some acid comments about the United States, noting that if Europe is planning to remain a region of influence in the future of the globe, it will not only have to open up to Turkey but will also have to have a policy of ever closer relations with the Arab world and pay more attention to black Africa. He says that Europe can become a specific path in the process of globalisation if it bears in mind that it is itself the result of a legal and political project and if it champions the rule of law in the process of globalisation. He concludes by arguing for the European Union to get rid of dominant economic ideas and blind following in the wake of the United States' political administration, saying that words alone fail when it comes to describing the US administration. This takes us quite some distance from simply looking at the Lisbon Strategy in the strict sense of the term…
Michel Theys
*** HARALD BADINGER: Do we really know that the EU's Single Market Programme has fostered competition? Testing for a decrease in markup ratios in EU industries. Europainstitut der Wirtschaftsuniversität Wien (39-45 Althanstrasse, A-1090 Vienna. Tel.: (43-1) 31336 - 4135 302415 - E-mail: europafragen@wu-wien.ac.at). "EI Working Paper", No. 55. 2004, 28 pp, €7.20.
This short but intense study is highly technical and therefore destined for an expert readership. It considers the impact of the Single Market in terms of fostering competition among EU companies in the world. With this in mind, the author uses a series of different analysis methods to study seventeen areas of manufacturing and services from 1981 to 1999. Harald Badinger concludes that the Single Market programme has not greatly fostered competition, but going by his analysis, the jury is still out. He also notes that scrapping borders within the EU has led to massive growth in company size and mergers and goes on to explain the phenomenon.
(LD)
*** JOS DUTE, MICHAEL G. FAURE, HELMUT KOZIOL (Eds.): Liability for and Insurability of Biomedical Research with Human Subjects in a Comparative Perspective. Springer-Verlag (Vienna. Internet: http://www.springeronline.com ). "Tort and Insurance Law" series, No. 7. 2004, 442 pp. ISBN 3-211-20098-3.
In 1999, the Netherlands introduced legislation on biomedical research on human subjects. Since that date, biomedical research has been outlawed on human patients in the Netherlands except where insurance against potential harm (death or injury) has been contracted giving the victims or other eligible parties the possibility of claiming damages. This collection of essays by twenty specialists makes a critical assessment of the functioning of this system of law. It goes on to look at the situation in various other European countries, namely Germany, Belgium, Spain, France, the UK, Sweden and Switzerland. To conclude, three essays look at the issue from the comparative, international angle.
(LD)
*** JOSEF FALKE: Normung und Dienstleistungen. Anforderungen und Handlungsspielräume nach dem Allgemeinen Übereinkommen über den Handel mit Dienstleistungen (GATS). Zentrum für Europäische Rechtspolitik an der Universität Bremen (Universitätsallee, GW 1, D-28359 Bremen) "ZERP-Diskussionspapier", No. 1/2004, 249 pp, € 8 (+ postage).
In this in-depth research, part of a series published by Bremen University's European Legal Policy Centre (ZERP), the author examines the GATS agreement of the World Trade Organisation from the viewpoint of the laws and standards enshrined in its, along with exceptions and specific requirements on WTO Member States. Josef Falke's work also makes special reference to the offer presented by the European Community to liberalise services, formulated on 19 April 2003 as part of the WTO trade negotiations. This remarkable publication provides a very detailed general description of a technical and complex subject, making it highly useful for experts in world trade and the service sector. The publication also stands out for its highly detailed annexes, including classifications of services and brief descriptions of exceptions applying in various countries and sectors.
(PB)
*** ROGER BLANPAIN: Le statut du sportif en droit international, droit européen, droit fédéral belge et communautaire. Larcier (39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482619 - Fax: (32-10) 482750 - E-mail: info@editions.larcier.com - Internet: http://www.larcier.com ). 2004, 332 pp, €59. ISBN 2-8044-1077-3.
This book is targeted at sportsmen and women and their advisors and managers. It is the first of its type, casting a critical eye at the legal status of sportsmen and women since the Bosman ruling in 1995. The Bosman ruling stipulated that sport, as a commercial activity, is covered by EU law and sportsmen and women were therefore workers with duties as well as rights. The author, Law Professor and President of the International Society for Labour Law and Social Security, writes that this has not stopped sports clubs and federations from finding alternative solutions to allow players to be brought and sold. But the basic principles of social law still exist and Roger Blanpain aims in this book to describe and document them. The first part of the book looks at the political and social role of sport, from analysis of the European sporting model to the new transfer system via human trafficking. The Bosman law is studied, along with political favouritism for football. In the second part of the book, the author considers the status of professional sport and the legal description of sportsmen and women as workers, protection of minority sports, transfer fees and the status of agents. The last part of the book looks at the legal status of amateurs sportsmen and women in the light of the law of the French and Dutch speaking regions of Belgium, and the International Convention of Children's Rights. Roger Blanpain makes no attempt to hide his disapproval and his conclusions are pretty pessimistic. He argues that the much vaunted solidarity that is supposed to exist in sport is a farce, and the way the sports world operates stands in clear contradiction to European and national law. There is still the option of taking cases to court.
(STu)
*** FRANCIS SNYDER (Ed.): International Food Security and Global Legal Pluralism - Sécurité alimentaire et pluralisme juridique mondial. Bruylant (see above). "Travaux du Ceric" series. 2004, 234 pp, €45. ISBN 2-8027-1934-3.
This bilingual collection of essays includes revised versions of contributions initially provided for the 2nd 'Rencontre Internationale des Jeunes Chercheurs' (RIJC) on food safety in Europe and the rest of the world. From the starting point that basic decisions on food safety are taken by a variety of areas of governance, the book examined the connection between some of these sites and international food safety and the development of legal strategies against the backdrop of the plurality of legal systems in the world. This demonstration aims to explain why the concepts of global food safety and legal pluralism are so important and yet so contradictory. On the global scale, the sites of governance selected are the World Trade Organisation and its agriculture agreement and the United Nations. On Europe, there is an essay on how the European Community manages environmental issues and food safety in ACP states. Another chapter looks at the variety of different ad hoc agreements arising from the EU's negotiating strategies in the framework of the Biodiversity Protocol. Conflicts between the EU and the United States over international food laws are also studied. The room of manoeuvre open to Member States on food safety policy is examined in the light of the lessons of the Hormones case. The meshing of public and private regulations are analysed through the example of pesticide use for fruit and vegetables. (STu)
*** La situation de l'agriculture dans l'Union européenne. Rapport 2002. Commission (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int/). 2004, 160 pp, €25. ISBN 92-894-7692-3.
Published along with a General Report on the Activity of the European Union in 2002 in all the European Union's official languages, this is the last issue its type. In the future, it will only be available in English. This issue has been streamlined, shorn of its traditional annexes of statistics. It gives a run-down of information concerning farming in 2002 - the economy and farm revenue, changes in policy and legislation, focussing on the mid-term review of the Common Agricultural Policy, changes in markets and rural affairs, the agri-monetary system, the environment and forestry and funding. (MT)
*** 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 & Communications Unit (Tel.: (32-2) 2959971 - Fax: 2958220 - E-mail: redearch@cec.eu.int - Internet: europa.eu.int/research/index_fr.cfm). November 2004, No. 43, 40 pp.
Although predating the Indian Ocean tsunami, the main topic of this issue looks at earthquakes, assessing European research in articles on Ireland, whose seismic and volcanic activity is a wonderful laboratory for researching tectonic plates, predicting and preventing disasters and risk education and culture. Other articles look at inflammation and how white blood cells operate, and the importance of good nutrition from the very start of life. The magazine looks back at the work of out-going Research Commissioner, Philippe Busquin.
*** Liaisons sociales Europe. Groupe Liaisons (1 Avenue Edouard-Belin, F-92500 Rueil-Malmaison. Tel.: (33-8) 25800929 - Fax: (33-1) 44722027 - Internet: http//http://www.liaisons-sociales.com ). November-December 2004, No. 116, 12 pp, 32 euros. Annual subscription: 867.85 euros.
The first page of Liaisons sociales looks at the Dutch Presidency's attempts to prepare for the next Social Agenda (for 2006-2010). This work did not result in the desired outcome in many areas, but there is consensus surrounding 'flexi-security', which is described as a vital tool in moving towards the Lisbon Objectives. The publication also has an exclusive interview with Odile Quintin, Director General for Employment and Social Affairs.
*** Dokumente. Gesellschaft für übernationale Zusammenarbeit e.V. (86 Dottendorfer Strasse, D-53129 Bonn. E-mail: Kontakt@guez-dokumente.org - Internet: http://www.guez-dokumente.org ). December 2004, No. 6, 112 pp, 3.90 euros. Annual subscription: 16.90 euros.
The main topic considered in this issue of Dokumente is the question of Turkey joining the EU. This is considered from the viewpoint of the changes it would cause in the EU's influence and involvement in the Black Sea region, the Middle East and the Caucasus, ranging from the risk some analysts describe of a watered-down EU, via debate in France and the divisions in the French Socialist Party on the issue to a historical overview of European integration. Other articles consider the rivalry between Chirac and Sarkozy in France, French foreign policy and philosopher Jacques Derrida, who died recently.
*** Sinfo. Government PR and Media Office (21 Trzaska, SI-1000 Ljubljana. Tel.: (386-1) 4782636 - Fax: 2512312 - E-mail: sabina.popovic@gov.si - Internet: http://www.uvi.si ). November 2004, No. 1, 48 pp.
This new monthly magazine replaces the weekly Slovenia News. It aims to raise awareness about Slovenia in the rest of the EU. There was plenty of movement on the political scene at the end of 2004 to be reported in this first issue, including Slovenia's general elections (assessed by the President of the new Slovenian parliament) and a new party coming to power (along with a new prime minister). The magazine also has articles on culture and business.
*** Economia Exterior. Estudios de Politica Exterior SA (49 Núñes de Balboa, E-28001 Madrid. Tel.: (34-91) 4312628 - Fax: 5777252 - E-mail: revista@politicaexterior.com - Internet: http://www.politicaexterior.com ). Autumn 2004, No. 30, 188 pp. Annual subscription: 89 euros.
This issue looks at China, whose rapid economic growth is often in the news, inspiring curiosity. The authors consider the Chinese authorities' idea of "peaceful rise" in the country and its role in international relations and the global economy. The rise of China is also considered in articles on China's political and economic relations with Spain and the EU, the tricky issue of intellectual property rights, boosting infrastructure in China and its colossal need for raw materials…
Review in brief
***Art. 88-4 de la Constitution Textes soumis du 5 octobre au 22 novembre 2004. Délégation pour l'Union européenne. October 2004, No. 1956, Paris. This publication describes a series of EU legislation (and draft legislation) researched by France's 'Délégation de l'Assemblée nationale pour l'Union européenne'.