*** PAUL DEMARET, INGE GOVAERE, DOMINIK HANF (Eds.): 30 Years of European Legal Studies at the College of Europe - 30 ans d'études juridiques européennes au Collège d'Europe. Liber Professorum 1973-74 - 2003-04. Presses Interuniversitaires Européennes - Peter Lang (1 av. Maurice, B-1050 Brussels. e-mail: info@peterlang.com - Internet: http://www.peterlang.net ). "Cahiers du Collège d'Europe - College of Europe Studies", No. 2. 2005, 563 pp. ISBN 90-5201-251-2.
To commemorate the thirtieth anniversary of legal studies at the College of Europe (in the introduction Rector Paul Demaret looks back over its history), the Bruges-based college was inspired to dip into the prestigious pool of men and women who have helped or are helping turn it into a postgraduate centre of excellence. Thirty-two past and present lecturers have contributed to this book, each looking within their area of expertise at developments in European law and more specific issues. The essays, in either French or English, look at European law (Judge Lenaerts outlines how the European Courts will be organised in the future), internal market and related law, competition law and the EU's external relations law.
The collection of essays is too deep and scientifically precise to give any more than an overview of its content, but a brief account could not possibly do justice to the work. To give an idea of the heights reached by the book, I can only pick an article totally at random from among others of the same quality. The one I have picked happens to come from the first part of the book, on the EU's constitutional and institutional law (there is also a slightly irritating perspectives article on the Council of Europe and the EU since Prof. Constantinesco gives the impression of putting them on an equal footing and ignoring the fact that the Community Method is fundamentally innovative with regard to traditional intergovernmental cooperation …).
Concurrently Director of the Council's Legal Service, Prof. Jean Paul Jacqué looks at the nature of the text drafted by the Convention - constitutionalisation or review of the Treaties? He starts with three preliminary comments. Firstly "it is not hopeful to query the connection between the terms used and juridical reality" because "while the authors of the draft wanted to call what could only be a revision of the Treaties a 'constitution', they have now fallen victim to the symbolic reach of the term they used", it is true that "whatever the juridical reality is, the terms used change citizens' perception of the juridical reality". This argument is full of meaning following the two 'no' votes! Secondly, if the Constitution were ratified one day, surely legal experts would have to "admit that constitutions can exist without a state" rather than sticking to arguments "in the name of doctrinal purity"? Not to mention the fact that when it comes to the EU, doctrinal purity has to take chronology into account: "It is better to (…) compare the situation of the EU today with that of the United States after it adopted its constitution in 1787 rather than wanting at any price to compare the EU with contemporary federal systems", comments the author. In passing, referring to the mortal nature of empires and other states, he notes that "refusing to recognise new forms of social organisation because they do not correspond to the traditional state norm is like looking at the future through a rear-view mirror". That said, Prof. Jacqué comments that "treaties exist which escape from the application of treaty law" and, more importantly, the involvement of citizens in the functioning of the EU through values that address them is "a vital argument for the constitutional nature" of the text now in deadlock. The eminent legal expert argues: "The EU is a group of states and countries. This is what makes it original compared with international organisations absent of citizens. The direct connection between the institutions of the EU and citizens is what characterises the specific nature of a body where the state screen is fading. This is where the fundamental break with international law is found". The question remains then of how there can be a "constitution without a state", since the EU is not a state. Once again, the author looks at the US to reject the "idea of indivisible sovereignty" and detect a configuration where "neither states nor the EU are really sovereign" - they share sovereignty. Like the United States, he explains, which "was not designed as a state, but as a federation within which sovereignty was shared". This approach leads Jean Paul Jacqué to conclude that the European Union defies traditional European visions and calls for a fundamental re-think. He says this challenge calls for a "revisiting of the federal theory and separating the notion of federation from the notion of a state".
Michel Theys
*** MARKUS WARNKE: Die Vorlagepflicht nach Art. 234 Abs. 3 EGV in der Rechtsprechungspraxis des BVerfG. Im Vergleich zu den Verfassungsgerichtsbarkeiten der EG-Mitgliedstaaten. 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 ). "Europäische Hochschulschriften - Publications Universitaires Européennes - European University Studies", Law Series, No. 4064. 2004, 129 pp. ISBN 3-631-52823-X.
This short book is a doctoral thesis for Hanover University by a young German legal expert, who systematically compares legal decisions and political practice under the dispute settlement procedures foreseen in Article 234 of the EC Treaty. Markus Warnke looks at relevant case law of the former 15 Member States' constitutional courts, along with various specific case studies and dispute settlement proceedings. He takes an in-depth look at decisions by the Karlsruhe constitutional court (Bundesverfassungsgericht, BVerfG). Through this detailed analysis of sometimes tricky and undesired 'cooperation' between countries' supreme courts and the European Court of Justice, the author looks at basic questions of Member States' and EU law, in a good comparative study of the practical link between national and EU constitutional jurisprudence. (PB)
*** ANDREW OPPENHEIMER: The Relationship between European Community Law and National Law: The Cases. Volume 1 & 2. Cambridge University Press (The Edinburgh Building, Cambridge, CB2 2RU, UK. Tel: (44-1223) 312393 - Fax: 315052 - e-mail: information@cambridge.org - Internet: http://www.cambridge.org ). 2004, 973 and 685 pp, £150 and £130. ISBN 0-521-47296-2 & 0-521-63098-3
"Permanent dialogue between Community bodies and national bodies is the foundation of the Communities and Europe's true integration force" … This quotation from Jean Monnet could easily explain the utility and raison d'être of this book. The book brings together for the first time nearly a hundred and fifty rulings (selected for their interest and relevance) by the European Court of Justice or national courts on areas of European legislation. These hundred and fifty cases largely make up modern European case law, like rulings establishing the foundations of the doctrine of supremacy of EU rules over national rules, and the direct effect principle that overturned traditional ideas about international treaties by giving citizens the option of referring to EU law. To make the book more user-friendly to lawyers and students, each volume has a table of contents and thematic index, along with an introduction outlining the cases covered. There is also a short summary of each case. (FRo)
*** Principles of European Tort Law. Text and Commentary. Springer-Verlag (4-6 Sachsenplatz, A-1201 Vienna. Tel: (43-1) 3302415-0 - Fax: 3302426 - e-mail: books@springer.at - Internet: http: //http://www.springer.at ). 2005, 282 pp, €29-95. ISBN 3-211-23084-X.
This book outlines the common principles of European tort law, assembled by experts from the European Group on Tort Law following exhaustive comparative research. Each article is explained and analysed in detail by specialist lawyers. In order to help these principles be understood by the international scientific and legal community, there are translations into thirteen different languages, making this a true reference work. (PB)
*** CYRIL NOURISSAT, ROBERT WTTERWULGHE (Eds.): Le nouveau règlement d'application du droit communautaire de la concurrence: un défi pour les juridictions françaises. Dalloz (31-35 rue Froidevaux, F-75685 Paris cedex 14). "Thèmes & commentaires" series. 2004, 190 pp, €35. ISBN 2-247-05954-6.
The coming into force of the new implementing regulation for EU competition law on 1 May 2004 made a break with the past in the implementation of EU merger and cartel law, decentralising and 'deconcentrating' it, pushing national lawyers to the fore in this generally badly understood area of law. At a conference at the 'Centre d'études européennes de la Faculté de droit de l'Université Jean-Moulin (Lyon 3)' in France, specialists focussed on this Copernican Revolution in legal practice and their deliberations are published in this book. The domains where the practical implications of the sea-change are analysed range from the renaissance of links between national and EU competition law, via companies' right to defend themselves (when taking matters to court or being taken to court) and the nullity of contracts signed in violation of EU competition law, to the role of arbitration in the new system.
(LD)
*** RALF HAFNER: Stationäre Einrichtungen im Wettbewerb. Steuervergünstigungen für Wohlfahrtsverbände im Bereich des Gesundheits- und des Sozialwesens im Lichte des EG-Beihilferechts. Peter Lang (see above). "Europäische Hochschulschriften - Publications Universitaires Européennes - European University Studies", Law Series, No. 4013. 2004, 228 pp. ISBN 3-631-52921-X.
This doctoral thesis by a young legal student at Friburg-en-Brisgau University looks at tax exemptions and benefits granted to the social sector in Germany in the light of Community law. Following a very detailed and highly legalistic analysis of the social bodies concerned and various tax regimes, the author considers tax incentives under Articles 87 and 86 of the EC Treaty. Ralf Hafner believes the current tax breaks granted to social economy bodies infringe EU law (which requires transparent competitiveness among commercial partners in this field). The author therefore argues that the German social economy should be re-structured. Important analysis for politicians, researchers and practitioners interested in the social economy and the future of social and medical services in Europe.
(PB)
*** METIN AKYÜREK: Das Assoziationsabkommen EWG-Türkei. Aufenthalt und Beschäftigung von türkischen Staatsangehörigen in Österreich. Springer-Verlag (see above). 2005, 179 pp. ISBN 3-211-20820-8.
Based on a doctoral thesis by the author, this well-structured, concise monograph looks at Turkish citizens' rights to reside and work in the EU in general, and Austria in particular. A legal researcher at Salzburg University in Austria, Metin Akyürek focusses on Resolution 1/80 of the EEC-Turkey Constitution Council of 19 September 1980 and on its legal, jurisdictional and administrative application in Austria. The book is a good introduction to the legal situation facing Turks in Europe and a practical reference tool for lawyers, public authorities and citizens' advice bureaus dealing with employment and residence questions for Turks in Austria and the rest of Europe.
(PB)
*** FABIEN CADET: L'ordre public en droit international de la famille. Etude comparée France/Espagne. L'Harmattan (5-7 rue de l'Ecole-Polytechnique, F-75005 Paris. Tel: (33-1) 40467920 - Fax: 43258203 - -email: diffusion.harmattan@wanadoo.fr). "Logiques juridiques" series. 2005, 364 pp, €31. ISBN 2-7475-8053-9
Legal linguist at the Court of Justice and lecturer at Toulouse I University, the author has updated his doctoral thesis comparing international family law in a detailed, well-argued and 'scholarly' book. Based on a comparison of French and Spanish family law, the underlying theme of the book is tracing changes in the notion of public order. Courts have to face an increasing number of family law cases, reflecting the core values of a society where elements of foreign law intervene. This gives rise to slippage from subjective interpretation of public order to an objective interpretation, reducing judges' freedom of interpretation.
(FRo)
*** The EUROPEAN COMMISSION (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following document:
*** Europäische Innovation. Referat Kommunikation und Information, GD Unternehmen und Industrie (BREY 05/216, B-1049 Brussels. Fax: (32-2) 2921788 - E-mail: entr-itt@cec.eu.int - http: //aoi.cordis .lu/). July 2005, 32 pp.
This magazine is the German language version of DG Enteprise's new newsletter, replacing Innovation and Technology Transfer, aiming to provide information about innovation policy and its application in the EU. The change of name reflects the desire to not restrict innovation to technology alone and to respond better to the needs of small and medium-sized companies. The magazine starts with an interview with Heinz Zourek, Deputy Director at DG Enterprise, on the Lisbon Strategy, the new competitiveness and innovation programme and the forthcoming innovation action plan. Other articles look at the way innovation is dealt with on the other side of the pond, at "Business Angels" in innovation, and international textile inter-dependence. Although China gets the lion's share of trade, Europe leads the way in specialist textiles, and Mediterranean suppliers still have tricks up their sleeve. The magazine includes the IRC Newsletter as an insert.
*** 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 ). September 2005, No. 134, 16 pp, €32. Annual subscription: €867-85.
This issue starts with the outcome of a report on the minimum wage in Europe that reveals huge differences. Where it exists, the nominal value of the minimum wage varies from 1 to 13, and from 1 to 5 in terms of purchasing power. How it is calculated and the percentage of the population it covers also varies widely from one country to another. Liaisons sociales Europe takes a look at the transposition into French law of the directive on works councils, in the framework of the law on confidence and modernising the economy. It clarifies various definitions and the powers of European Works Councils. The review also looks at other issues like co-management scandals in Germany and terms and conditions for staff at Air France.
*** Europe infos. Commission of the Bishops' Conference of the European Community - Catholic European Information and Study Centre (42 rue Stévin, B-1000 Brussels. Tel: (32-2) 2350510 - Fax: 2303334 - E-mail: debbichi-ocipe@tiscalinet.be). September 2005, No. 74, 12 pp. Annual subscription: 27 euros.
As usually, this monthly OCIPE-COMECE newsletter looks first at big items in the news in Europe and then looks at matters of particular interest for the Catholic Church and religion in general. It starts by looking at the reflection period following the failure to ratify the constitutional treaty, and the way the British Presidency took over from the Luxembourg Presidency. It also looks at debate surrounding the services directive and Croatia and Turkey's accession negotiations. Other articles address the ethics of research, the role of religion in schools and the World Youth Days.
*** Documents. Revue des questions allemandes (BILD) (50 rue de Laborde, F-75008 Paris. Tel: (33-1) 43879042 - Fax: 42935094 - E-mail: potier@bild-documents.org - Internet: http://www.revuedocuments.com ). June 2005, No. 2, 128 pp, €9-15. Annual subscription €39.
Rather in the image of the deep and complex relations between France and Germany it heralds, the Documents review has too many articles (most in French) on the issue to list them all. This issue looks at the economic side of Franco-German relations, with the report of a conference at the Sorbonne (university in Paris) to mark the fiftieth anniversary of the Franco-German Chamber of Industry, including speeches by French and German heads of state. There are also articles on the energy market and the European airspace industry. Documents includes articles on the German elections (this issue came out before the elections were held) and the role of the Franco-German couple in developments in Europe. Cultural issues are covered in articles on German philosophers like Heidegger and the return of Jewish humour to German television and films.