*** PHILIP ALSTON, OLIVIER DE SCHUTTER (Editors): Monitoring fundamental rights in the EU. The contribution of the Fundamental Rights Agency. Hart Publishing Ltd. (Salter's Boatyard, Folly Bridge, Abington Road, Oxford, OX1 4LB, UK. Tel: (44-1865) 245533 - fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). "Essays in European law" series. 2005, 282 p., £ 40 ISBN 1-84113-534-8
Tackling human and fundamental rights is one of the characteristic features of European construction and an important aspect about how Europe sees itself. However, although these fundamental rights enjoy protection in the Member States of the European Union, which has few equivalents in the world, this protection is not always guaranteed and is largely the result of the specific control procedures in place. Although Member States have, to varying degrees, a coherent set up for ensuring protection of these rights, these same tools do not yet exist at a Community level, even if different measures have been taken on an ad hoc level and that the Charter of Fundamental Rights is - was? - included in the draft Constitutional Treaty. These fundamental rights are also defended by international organisations like the United Nations and the Council of Europe but the latter do not have the same resources as countries for getting these rights respected. Last October, in an effort to make good this shortcoming at a Union level, the Commission proposed the setting up of a European Agency of Fundamental Rights, which this book is the first ever to examine.
Based on the prevailing situation in the area of protection fundamental rights in the Union, the first contributions examine how the creation of an Agency of Fundamental Rights will find its place among the other bodies and tools for protecting fundamental rights that already exists and how it will link and approximate these different tools, which are currently very fragmented and diverse in nature. The setting up of this agency is also part of the current trend for governance, “agentification”, which is witnessing a move towards the delegation of competencies to decentralised bodies. The first contributions in this publication do more than just describe what the contents of this agency should be. They also explore how these tasks will be accomplished and what kind of agency it will be. Is its action going to be based on the Charter of Fundamental Rights? or should it be built on the structure of the current Observatory on Racisms and Xenophobia in Vienna? Professor Olivier de Schutter (Catholic University of Leuven) stressed the need to not just simply accept that the institutions conform with fundamental rights but that they are also encouraged to actively legislate in support of these rights. He also points to the risk of fundamental rights being placed on the margins of the legislative processes resulting from the fact that a single agency is almost exclusively responsible for them or if the institutions involved in this area lose influence. The two following chapters look at the interaction between this agency and the Network of Independent Experts in Fundamental Rights, as well as the national institutions for which it cold improve coordination. The second part of the book highlights the tasks of the agency and the difficulties is will have to overcome, linked to its inter-institutional character and the multi-levels of its work. Particular attention is paid to economic and social rights in the agency's field of action. The final part of the publication looks at the agency's place in the different international treaties and national constitutions, as well as the role that it could be called on to play in external Union policy.
Although fundamental rights sometimes appear obvious to us, they do, nonetheless, constitute a colossus with feet of clay and could be blown over is a single breath. As the book illustrates (sometimes a little laboriously), their protection depends on the detailed frameworks dealing with legal matters and structures for collating relevant data, as well as through legislative actively and guiding it in the direction of better human rights protection in general. In an anecdotic way, the authors appear confident about the adoption of the constitutional treaty and are expecting a positive fallout from it. Setting up an Agency for Fundamental Rights, on the conditions that it is supported by real political will, would constitute a positive step forward, even if it is not sufficient for guaranteeing the full protection of these rights on its own and if would not, for example replace the work of the Court of Justice.
Frederik Ronse
*** GABRIEL N. TOGGENBURG (Editors): Minority Protection and the Enlarged European Union: The Way Forward. Open society Institute, Local Government and Public Service Reform Initiative (11 Nador utca, P. O. Box 519, H-1397 Budapest, Hungary. Tel: (36-1) 3273104 - fax: 3273105 - E-mail: lgprog@osi.hu - Internet: http: //lgi.osi.hu/). 2004, 181 pp.. ISBN: 963-9419-53-2.
In this interesting volume, rich in information, the authors, European and US experts, examine a currently burning current affairs issue in the enlarged Union, respect for minority rights. The work was supervised by Gabriel Toggenburg, a researcher at the European Academy of Bolzano since 1998. Toggenburg examines the Limits and Opportunities of protecting minority rights in a supranational context and considers that the Union has to deal with the concerns of minorities at all the different governmental levels, in order to “efficiently use the new opportunities the EU offers”. In a “soft, multifaceted engagement wit its minorities”. Rachel Guglielmo, from the Open Society Institute in New York, highlights the place of Roma and Muslims in the enlarged Union and Steve Peers, from the University of Essex, looks at the status of third country national in the Union. In the preface, Michel Ebner MEP (elected at Haut-Adige, member of the EPP-ED group) points out that the European Parliament has demonstr ated, in the resolutions adopted since the beginning of the 1980s, its support for protecting the linguistic heritage of Europe. The Bolzano Declaration on the protection of minorities in the enlarged European Union adopted on 1 May 2004 and which is included in this volume, demonstrates the way forward.
(MG)
*** FRITZ BREUSS: Austria, Finland and Sweden after 10 Years int the EU: Expected and Achieved Integration Effects. Europainstitut der Wirtschaftsuniversität Vienna (39-45 Althanstrasse, A-1090 Vienna. Tel: (43-1) 313364135 - fax: 31336758 - E-mail: europafragen2@wu-wien.ac.at - Internet: http: //fgr.wu-wien.ac.at/institut/ef/home01en.html). "EI Working Papers" series, No.65. 2005, 48 pp., € 7.20.
This document presents the economic the expected and actual effects from integration into the European Union of the three countries that joined in 1995: Austria; Finland and Sweden. Three “rich” countries but for whom the consequences have not always been the same. The parameters for studying the question could also be used for looking at the new accession countries. The book, therefore, looks at the paradox of the marginal increase in intra-Community trade enjoyed by these three countries (which as already quite high before accession), the effects of competition expected in the Common Market or, for example, the opportunities for adopting the euro. This book is of particular interest to economists interested by these countries but its interest goes further than this. A year after Union enlargement to ten new Member States, it would perhaps be interesting to see the balance sheet and the forecasts made, in a comparison, following the three countries' ten years of integration, even though they are very different from the majority of new Member States.
(FRo)
*** SOPHIE HUGUENET: Droit de l'asile: le projet britannique d'externalisation. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920 - fax: 43258203 - E-mail: diffusion.harmattan@wanadoo.fr - Internet: http: //http://www.editions-harmattan.fr ). "Inter-National". 2004, 123 pp., €12.20. ISBN 2-7475-7644-2.
With its “new International approaches to the treatment of requests for asylum and protection”, London has orientated the European debate towards obtaining extra-territorial solutions and the development of cooperation with asylum seekers' countries of origin. This possible externalisation of asylum-procedures, which as explained in the preface by Alexis Vahlas, Senior Lecturer in public law at Robert Schuman University, “above all aims to provide sanctuaries on national territories”- raises a number of very important legal and practical questions. The work of Sophie Huguent - awarded the “Prix de mémoire 2004” at the Institute of Political Studies in Strasbourg - provides scientific clarification of the implications of such a development. The author has successfully waded through original documentation to break through the inevitable political jumble of the inevitable legal consequences and define an acceptable framework and analyse the whole issue critically and objectively. A reference book that does not hide the fact that a possible externalisation of competencies in this area would in no way prove to be a kind of panacea.
(PBo)
*** Evaluation sur la gouvernance mondiale 2004. Le moment est venu de tenir nos promesses. Commission des Episcopats de la Communauté européenne (42 rue Stévin, B-1000 Brussels. Tel: (32-2) 2350510 - fax: 2303334 - E-mail: comece@comece.org). 2005, 169 pp..
In 2001, a small group of eminent experts led by Michel Camdessus, former Director of the International Monetary Fund, presented the bishops of the Member States of the union with a report, “World Governance - Our Responsibility for Making Globalisations an Opportunity for All”. Its authors proposed strengthening the International Labour Organisation and setting up a World Environment Organisation as a counterweight to the World Trade Organisation. In the same sense they called for the setting of a “Global Governance Group” where Heads of Government from the twenty-five representative countries from the different regions of the world would deal with economic, social, environmental affairs on a global scale. This new assessment report observes and analyses developments last year in an effort to determine whether and what measure these recommendations have been maintained.
(MT)
*** Interventions humanitaires ? Points de vue du Sud. Centre Tricontinental (5 av. Sainte Gertrude, B-1348 Louvain-la-Neuve, Belgium. Tel: (32-10) 489560 - fax: 489569 - E-mail: cetri@cetri.be - Internet: http://www.cetri.be ) and Editions Syllepse (69 rue des Rigoles, F-75020 Paris. E-mail: edition@syllepse.net). "Alternatives Sud" series, vol. XI, n° 3. 2004, 178 pp., € 18. Subscription: € 50. ISBN 2-84950-028-3.
Human interference may have betrayed itself with its admission of failure, converted into an urgent appeal. How should external and local actors work in countries in need of assistance, What should they aim for and what results should they expect in terms of sustainability and democratic reconstruction and equality? This is one of the questions and others of a similar nature that the authors of this book attempt to provide scientific, critical and committed answers. In his introductory editorial, David Sanchez Rubio, Professor of philosophy at the University of Seville examines the “principles, concepts and realities” resulting from humanitarian assistance and defence of human rights, without resorting to force, “in an open process of consolidation of spaces for fighting for life and human dignity”. The perception of humanitarian interventions in different counties in the south is then analysed in eight contributions. In the conclusion, “the New Humanitarianism”, American, John Tirman, asks “to what extent famines and conflicts - always presented as threats to the international order - are not…in reality a consequence of this very order”, and on this premise, what is the exact role of non governmental actors in humanitarian interventions: “instruments of a liberal peace, complicit in western hegemony or the admirable expression of solidarity without borders?
(MT)
*** China: which perspectives for an awakening giant? Institut Royal des Relations Internationales (69 rue de Namur, B-1000 Brussels. Tel: (32-2) 2234114 - fax: 2234116 - E-mail: studia.diplomatica@irri-kiib.be - Internet: http://www.irri-kiib.be/Studia-Diplomatica.htm ). "Studia Diplomatica" series, Vol. LVI. 2003,No. 6, 148 pp.. Subscription: € 81 (Belgium), € 93 (Europe). ISBN 2-9600353-9-9.
This issue of Studia Diplomatica includes a series of interesting article on developments in China. Dr. Jing Men (Vrij Universiteit Brussel) begins by providing an insight into Chinese political ascendancy as a reaction to the phase of humiliation in the opium wars of he 19th Century. Yi Wang (Director of European Studies at the Chinese Institute of International Studies) then analyses strategic cooperation at the basis of relations between China and the European Union, while Jing Men and Gustaaf Geeraerts (Vrij Universiteit Brussel) look at China's increased importance in the security sphere in north east Asia. Stijn Deklerck (research assistant at the Flemish funds for Scientific Research) studies human rights in China, in the context of the country's traditions, as well as the events at Tien An Men Square, problem of Tibet and religious freedom. The emergence of China as a major economic producer and "crucial consumer " is tackled by Leila Fernandez-Stembridge (Autonomous University of Madrid), how the Chinese, Americans, and Europeans see relation between the Asian giant and the World Trade Organisation is analysed in the final contribution.
(LD)
***Politica Exterior. Estudios de Politica Exterior SA (6 Padilla, E-28006 Madrid. Tel: (34-91) 4312628 - fax: 5777252 - E-E-mail: revista@politicaexterior.com). May- June 2005, No. 105, 177 pp. € 11. William Pfaff remains perplexed: when " the utopian North American is the universal democracy leading to world peace, (…) is achieved through military intervention, aggressive war and torture". Other articles focus on the positions of the new pope and religion in Europe.
*** EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Bathing Quality Report. Bathing Season 2004 - Synthesis Report. Information Centre (BU-9 0/11), Directorate General Environment, European Commission (B-1049 Brussels. Fax: (32-2) 2996198 - E-mail: ENV-PUBS@cec.eu.int). May 2005, 16 pp.. ISBN 92-894-9102-7
With the arrival of the sun at last, the beaches, lakes and rivers aware going to be making a lot of Europeans and tourists happy But although diving into water makes us feel good during the heat wave, the quality of bathing water is crucial if a whole range of health risks are to be avoided. This is why the Union has made and assessment of bathing water quality. This synthesis report aims to inform the public on the quality during the 2004 season and its development since 1992. Stavros Dimas, Commissioner for the Environment uses this tool to criticise some Member States for not having met health standards or improving water quality. He is, however, delighted that six of the new Member States have communicated data on their water. This report aims to explain how the system work and provide a general picture of the situation in European. To find out which are the cleanest bathing sites consult the national sites.
*** L'Observateur OCDE. Les éditions de l'OCDE (2 rue André-Pascal, F-75775 Paris cedex 16. Tel: (33-1) 45248066 - fax: 45248210 - E-mail: sales@oecd.org - Internet: http://www.observateur.org ). May 2005, No. 249, 60 p.. Subscription: € 55.
This issue of the Observer highlights the issue of energy. This question is a major challenge in these early years of the 21st century. Whereas demand is expected to increase by almost 60% by 2030, due the increasingly industrialisation of some countries, energy supply will require more investment. According to many forecasts, fossil fuel will remain a significant part of the market. And CO2 emissions will therefore rise, at the risk of going above the irreversible threshold of global warming over a period of just seven years. The question of green fuels is also tackled. Other contributions look at the effects of globalisation, notably with essays from Göran Persson, Swedish prime minister and Ken Heydon, Deputy Director at the OECD. Several pages also focus on the African economy and the difficulty of providing financial aid and making it get to the right place. There are many other articles.
*** Afkar/Ideas. Estudios de Politica Exterior SA (49 Núñes de Balboa, E-28001 Madrid. Tel: (34-91) 4312711 - fax: 4354027 - E-mail: suscripciones@politicaexterior.com). Winter 2005, No. 5, 120 pp. Subscription: € 26.
This issue of the review on Spanish-North African dialogue comes out a year after the attacks on 11 March but although the attacks are mentioned in the editorial, which calls for unity and collaboration against terrorism, the review has chosen not to spend too much time on the subject. It tackles constructive themes that bring hope, such as efforts made by Morocco to improve the condition of women and facilitate educational opportunities. The review also examines ten years of the Barcelona process, a process necessary but which has to be relaunched on the basis of re-defined objectives. In this way it treats political issues that go beyond North Africa, such as the new deal in Palestine, as well as economic points, such as tourism. A special dossier focuses on the Berber people.
***Jahresbericht 2004. Bertelsmann Stiftung (256 Carl-Bertelsmann-Straâe, Postfach 103, D-33311 Gütersloh. Tel: (49-52) 41810 - fax: 418181999 - -E-mail: info@bertelsmann.de -Internet: http://www.bertelsmann-stiftung.de ). April 2005, 95 pp..
This annual report looks at the role of the Bertelsmann Foundation, which, like other foundations “provides a boost to action, with its creative commitment and often unconventional personnel, seeks out solutions to the problems of current society”. The report opens on general considerations regarding the economic and social situation in Germany and the role of the municipalities and regions as centres of expertise and dissemination of “best practices”. It then tackles the issue of quality education, via the need to get children making progress in their early years, best quality schools and improved libraries. Another important aspect of the foundation is its work for citizen commitment. It looks at how German federalism can be reformed and how young people can be helped to identify with the democratic process and their society. The report also provides an insight into the work of the foundation on intercultural dialogue, notably with the new countries from Eastern Europe.