*** PHILIPPE MANIN: Droit constitutionnel de l'Union européenne. Editions Pedone (13 rue Soufflot, Paris). "Etudes internationales" series, No. 6. 2004, 554 pp, €32. ISBN 2-233-00456-6.
This is a handbook aimed primarily at law students, both undergraduates and postgraduates, which has become such an authority that it is more than simply the sixth in a series. It is a complete re-working, in fact, placing its bets on the future.
The title gives the game away ('The European Union's Constitutional Law'). Philippe Manin, professor at Université Paris I Panthéon-Sorbonne, called the previous titles "Droit institutionnel de l'Union européenne", (The European Union's Institutional Law'). Following the adoption on 18 June 2005 of the Treaty establishing a Constitution for Europe, the author has no qualms about making the great constitutional leap ahead of time. He writes that the possibility of the Constitution not coming into force because a Member State says 'No' would be regrettable, but explains in the preface that this would not jeopardise the fact that by studying what is known as the European Union's institutional law, one actually outlines, explains and comments on texts whose aim and subject matter have gradually turned into the equivalent of what a Constitution is for a State, as the Court of Justice said in 1986. In this perfectly appropriate spirit, why should one refuse to make use of the title that best matches the contents? And why hesitate to present the European Union's entire legal system - sources, institutions and jurisprudence -the way it is today, but also the way it will become tomorrow either directly, if the Constitution is ratified by all the Member States, or by political side roads if it is not ratified?
Particularly, points out the author, because the "Constitution" does not mark the end of history. While it makes notable progress in the sense of rationalisation, that does not mean that it has to represent the end stage of evolution. With the European Community, the constitutional process has been underway for more than fifty years now, since European leaders decided to break with the past when clashes between states used to dominate affairs. During the past fifty densely-packed years, Europe's exposure to crises sometimes served as an engine for strengthening the system, notes the author. But to such an extent as to give the EU's institutional system, at this stage, the coherence and force of a solid federal state, although it does demonstrate the success, no matter what criticisms are made of it, of an institutional system, which despite its oddity, applies Montesquieu's ideas about the need for cautious government. The author comments that the crisis did at times, however (like during the last great financial crisis in the early 70s and the oil crisis that followed it), lead to a strengthening of national egos at the cost of coherence. Hence the anguished warning by Philippe Manin that in the future, we cannot be certain that confronted with a really deep economic crisis, a cultural crisis resulting from, for example, differentiated reactions to population movements, or a deterioration in the natural environment on a scale not experienced today, EU Member States, of which there will be more than 30 by then, would actually choose to strengthen coherence and solidarity rather than fall back to the old ways of the national arena. If taking national electoral groups into consideration were to continue to dominate over European awareness represented by the institutions, whose legitimacy would be under discussion, there would be a huge risk of a step backwards.… This could not be better put, and so succinctly. One of the key and fundamental issues at stake, hidden behind this, is the upcoming trial of strength over the new Financial Perspectives.
Michel Theys
*** HEINRICH SCHNEIDER: "Kerneuropa". Ein aktuelles Schlagwort und seine Bedeutung. Europainstitut der Wirtschaftsuniversität Vienna (39-45 Althanstraße, A-1090 Vienna. Tel: (43-1) 31336 - 4135, 4134, 4133 - fax: 31336-758, 756 - europafragen@wu-wien.ac.at) e-mail. "EI Working Paper", No. 54. 2004, 54 p, €7.20.
The debate on the European avant-garde, the most integrationist of the EU countries, is still raging, despite the Constitution and the provisions on reinforced and structured cooperation it contains. Well, what about the “intergovernmentalism of the willing” or the more traditional notion of integration in a narrower framework? The spectre of a “hardcore” is still haunting certain circles in the enlarged Union. Heinrich Schneider, editor of the prestigious German periodical "Integration", which specialises in European affairs, is also a Lecturer at the University of Vienna and analyses, in detail and with critical insight, this controversial concept, by retracing discussions at the Convention and further afield. His final result provides an important contribution that is well argued and deserves some consideration from those interested in the future balance of power in the Union.
PB)
*** WALDEMAR HUMMER (Editor): Paradigmenwechsel im Europarecht zur Jahrtausendwende - Ansichten österreichischer Integrationsexperten zu aktuellen Problemlagen. Springer Verlag KG (4-6 Sachsenplatz, A-1201 Vienna. Tel: (43-1) 3302415-0 - fax: 3302426: springer@springer.at - Internet: http: //http://www.springer.at ). "Forschung und Lehre im Europarecht in Österreich" series. 2004, 541 p.. ISBN 3-211-20798-8.
This weighty volume provides an anthology of courses provided by eminent representatives from the academic world and provides data on European Union affairs at the University of Innsbruck in 2001/2002. It also provides a list of the authors of articles on all aspects of Community law and the Constitutional process, effectively constituting a "Who's who" of Union-led research in the Union in Austria. The book is also contains a detailed presentation of Austrian institutes, researchers and expert-practitioners specialising in European integration and includes information on higher education courses focusing on the Union at universities in Austria. A very useful compendium.
(PB)
*** STEPHAN FÖRSTER, KARL-HEINZ LAMBERTZ (Editor): Small is beautiful, isn't it? Herausforderungen und Perspektiven kleiner (glied)staatlicher Einheiten. Beiträge zur Konferenz in Eupen am 31. January 2004. Europäisches Zentrum zur Föderalismus-Forschung Tübingen (Ms Petra Reiter-Mayer, Nauklerstrasse 37 A, D-72074 Tübingen. Tel.: (49-7071) 2977368 - fax: 922876 -email: ezff@uni-tuebingen.de - Internet: http: //http://www.uni-tuebingen.de/ezff ). "Occasional Papers", No. 29. 2004, 71 pp, € 4. ISBN 3-9806978-8-6.
The subjects covered in a colloquy held in January last year in Eupen, the German-speaking community in Belgium, are contained in this publication produced by the European Research Centre on Federalism. The four contributions provide a comparative analysis of the politico-legal situation in Liechtenstein, in the Alto-Adige/Southern-Tirol region, Switzerland and in the German-speaking community in Belgium. An interesting look into these small political entities in Europe.
(PB)
*** L'Europe en formation. Les Cahiers du fédéralisme. Centre international de formation européenne (Cife, 10 av. des Fleurs, F-06000 Nice. Tel: (33-4) 93979397 - fax: 93979398 - e-mail europe.formation@cife.org - Internet: http: //http://www.cife.org ). 2004, No. 2, 162 pp. € 11. Subscription: € 30.
This issue of the publication founded by Alexander Marc focuses on an interesting period in the action of European federalists after the Second World War. In this context, Jean-Pierre Gouzy retraces the "saga" of the federalists of the 1920s up to the 1960s. In so doing he reminds the reader to the important figures of the time who he knew, Altiero Spinelli, Henri Brugmans or someone less known today, Henri Frenay. Based on this highly concentrated "historic shortcut ", he draws the conclusion that "governments have not moved forward, progressed or taken action, unless committed men and women have acted, ideas taken root and movements taken action ". So, between the lines, we can assume that this still remains true. Fabrice Larat, Senior Lecturer at the University of Mannheim, has studied the "idea of a post war Europe of Christias who had fought in the resistance and who had opposed the Nazis" in light of the four key figures of the European movement, Henri Frenay from France and Dutchman Henri Brugmans, but he also cites Denis de Rougemont from Switzerland and Eugen Kogon from Germany. Other articles focus on the response of the Union to international terrorism (David Spence), Simone Weil and “personnalisme” (Mireille Marc-Lipiansky) and the future of federalism in Europe (Ferdinand Kinsky).
(MT)
*** WALTER FÜRST, JOACHIM DRUMM, WOLFGANG M. SCHRÖDER (Eds.): Ideen für Europa. Christliche Perspektiven der Europapolitik. LIT Verlag Münster (Grevener Str. / Fresnostr. 2, D-48159 Münster, Germany. Tel: (49-251) 6203222 - Fax: 231972 - Courriel: vertrieb@lit-verlag.de - Internet: http: //http://www.lit-verlag.de ). "Forum Religion und Sozialkultur Abteilung A, Religions- und Kirchensoziologische Texte" series, No. 9. 2004, 497 pp, € 29.90. ISBN 3-8258-7609-8.
This collection of twenty-four essays looks at the Christian perspective to the European project. The authors include Catholic cardinals and bishops like Walter Kasper (Rome), Péter Erdö (Budapest) and Gebhard Fürst (Tübingen), leaders like Michel Camdessus (Paris) and Erhard Busek (Vienna), German MEP Elisabeth Jeggle, Members of the European Convention like Erwin Teufel (Stuttgart) and Peter Altmaier (Berlin), and professors, researchers, theologians, political scientists, historians and legal experts from various universities and institutions in Germany. The main issues discussed in the book are the cultural, historical and Christian identities of Europe, the Treaty on the European Constitution drawn up by the Convention, Europe as a community of values, subsidiarity in the EU, aspects of the European social and economic model, the challenge of European and global solidarity, enlargement of the EU, the legal ramifications of relations between the different religious communities and political institutions in Europe, and the pastoral and ecumenical challenges posed by the European project for Christian churches in Europe. A discerning and considered panoramic view, making very fair and up-to-the-minute judgements about the hopes, plans, criticisms and visions of Catholic ecumenism for the future of the European continent. A very valuable compendium for all, Christians and non-Christians alike, researchers and students, politicians and other practitioners of European policy and culture wishing to take advantage of a succinct and multi-faceted analysis of Christian, and more specifically Catholic, contributions to European integration, wanting also to take part in the current debate on the connection between religion and philosophy and religion and the European Union's institutions.
(PB)
*** HUGO D'HOLLANDER: De democratische legitimiteit van de Europese besluitvorming. Legitimiteit door parlementaire discursiviteit. Chambre des Représentants de Belgique (Bureau Antenne, B-1008 Brussels. Tel: (32-2) 5498160, 5498060 - Fax: 5498302 - e-mail: pri@lachambre.be). 2003, 641 pp., €10. ISBN 9080742058.
The European Union's oft discussed democratic deficit is described from a different angle in this book. The real democratic deficit arises, in the author's view, from a lack of alternatives to the decision-making process and technocratic speech. This means it is a substantial deficit in terms of content. This weighty study, theoretically complex, methodologically reasonable and practically tangible at the same time, deserves special attention and careful reading. Hugo d'Hollander, Advisor on European Affairs at the Belgian Chamber of Representatives, develops a deliberative-discursive model of democracy and the decision-making process, extending well beyond traditional republican and liberal-democrat models. One of the high points of the book is the fact the model does not remain abstract, but is closely connected with political and parliamentary practice. Detailed and accurate case studies are outlined in eight key areas of EU policy in the 1990s - biotechnology, the European Works Council Directive, animal welfare, the chocolate directive, emissions from big boilers, airline pricing, high definition television and the Common Agricultural Policy. d'Hollander argues that political discursiveness is in a way the guarantee of legitimacy in a democracy. The parliamentary system, particularly in its version of multi-layer government that predominates in the European Union (including the European Parliament and national and regional parliaments) acts like a political "sluice gate" through which various currents pass. Europe offers far more political currents and alternatives and should therefore be more capable of promoting parliamentary discursiveness than national political systems. A critical, provocative and yet optimistic case is made in a very interesting book for researchers and practitioners of parliamentary policy in Europe.
(PB)
*** MARIE-THERESE BITSCH: Histoire de la Belgique. De l'Antiquité à nos jours. Editions Complexe (24 rue de Bosnie, B-1060 Brussels). "Questions à l'Histoire" series. 2004, 300 pp. ISBN 2-8048-0023-7.
Detached from belonging to any particular nation, French historian Marie-Thérèse Bitsch - who lectures at the Robert Schuman University in Strasbourg - casts a serene, objective eye over the history of the peoples of Belgium. This history does not start with the birth of the Belgian nation following the 1830 revolutions, as the author proves in a lively manner, discussing the centuries since the Roman Empire which have fashioned the landscapes, mentalities and life styles of this part of Europe.
(MT)
*** PanEurope France. Comité Français pour l'Union Paneuropéenne (66-68 avenue de Suffren, F-75015 Paris. Tel: (33-1) 53583066 - fax: 40563590 - e-mail cfup@pan-europe.org - Internet: http://www.pan-europe.org ). Second half of 2004, No 40 (b), 38 pp..
This issue provides Alain Terrenoire, President de Paneurope France, to beat the drum for those seeking a united Europe with a certain weight on the world stage. He calls on Europeans faced with an uncertain global order and fierce competition to seize the opportunity and make available the necessary instruments to tackle this situation. This newsletter also focuses on developments in European defence, the Constitutional treaty, relations between the Union and Turkey and the activities of the Union Paneuropéenne Internationale. The “Right to Reply” column contains an article by Hervé Lavenir de Buffon who looks at the inability of the US government to learn the lessons of history, as witnessed by its policy in the Middle East.
*** The Federalist Debate. The Federalist Debate (26 via Schina, I-10144 Torino. Tel: (39-11) 4732843 - fax 4732843 - e-mail: federalist.debate@libero.it - Internet: http://www.federalist-debate.org ). November 2004, No. 3, 64 pp., subscription: € 15.
The editorial by Lucio Levi focuses on reform of the UN Security Council. A subject he humorously compares with Halley's Comet, its cyclical reappearances in different agendas. He underlines the importance of reforming this “archaic” organisation and transform this five country directorate into a more representative body. The UN theme is returned to on several occasions in this publication. Certain articles look at human rights and humanitarian issues, such as Guantanamo Bay, the ICC in The Hague and the crisis in the Sudan. Other articles focus on European political parties and the Kyoto Protocol.
*** Hémisphères. Consortium "6 November" (25 rue Gratès, B-1170 Brussels E-mail: info@hemispheres.be). September- October-November 2004, No. 26, 12 p.. Subscription: € 9.
Culture is one of the major themes in this issue, which begins with an article on cultural policies in Africa, the lack of funding in the continent also having repercussions on culture, despite the ingeniousness and courage of many artists who defend their art in very difficult conditions. Marcel Fafchamps analyses the impact of African ethnicity on development and underlines that in rich countries, ethnic dissentions are called “Community problems” while in poor countries, conflicts between communities are called “ethic problems”. Other articles investigate the limits in the “new international order of developers”, as well as the barbaric conditions experienced by workers in the maritime sector and the role of cooperatives in development.
*** L'Observateur OCDE. Les éditions de l'OECD (2 rue André - Pascal, F-75775 Paris Cedex 16. Tel: (33-1) 45248066 - fax: 45248210 - E-mail: observer@oecd.org - Internet: http://www.oecd.org ). September 2004, No. 244, 34 pp., subscription: € 50.
Donald D. Johnston, Secretary general of the OECD's editorial focuses on the "the truth about Globalisation". He illustrates four truths about this epoch we're living in and which although very promising is only yielding a fraction of its fruit because of the lack of political will. He weighs up the pros and cons of globalisation and illustrates how "globalisation can be productive but efficient national polices are essential for its success". The article also looks at the different ways of funding the fight against poverty. Other articles focus on employment, such as the 35 hour week in France or the “third way” in Denmark, which combines a fluid labour market with sold social protection. The magazine also provides a number of short articles and economic statistics.
*** OECD Economic Surveys: Turkey. OECD Publications (2 rue André - Pascal, F-75775 Paris Cedex 16. Tel: (33-1) 45248066 - Fax: 45248210 - Internet: http://www.oecd.org ). Economic Surveys, December 2004, No. 240 p.. ISBN 92-64-00682-6.
In a context of the polemic on Turkey's accession to the Union, this study on the Turkish economy constitutes a useful document for analysing this specific facet of the debate. The country has in fact bounced back remarkably after the most severe economic crisis in its history (2000-2001) and is now one of the OECD economies that demonstrate the fastest rates of growth. The report reveals a number of major characteristics of this recovery: strong growth, declining inflation, gains in productivity but also a low level of job creation and a need to improve fiscal management. Similarly to other studies in this series, this document provides a rich and focused analysis, as well as some relevant statistics.