*** ARMIN VON BOGDANDY, JÜRGEN BAST (Eds.): Principles of European Constitutional Law. Hart Publishing (Salters Boatyard, Folly Bridge, Abingdon Road, Oxford, OX1 4LB, UK. Tel: (44-1865) 245533 - Fax: 794882 - E-mail: mail@hartpub.co.uk - Internet: http//: http://www.hartpub.co.uk ). "Modern Studies in European Law", No. 8. 2006, 833 pp. ISBN 1-84113-464-3.
The draft constitutional treaty is in a bad way at the moment, to say the least. But as Armin von Bogdandy quickly points out, research into European constitutional law does not depend on the existence or the adoption (or not) of the draft treaty. The author notes: 'There are good reasons to treat the European Union's primary law as constitutional law. After all, it establishes public power, legitimates legal acts, provides a citizenship, protects fundamental rights and regulates the relationships among legal orders as well as between law and policies'. All the same, although constitutional law can be read between the lines of the different EU treaties, researchers interested in this subject still need to define the subject with more precision along with different approaches to it. As the subdivision of legal science is continuing beyond European law and EU law, with the addition of EU constitutional law, researchers have to establish a suitable study framework.
This is the task undertaken by the authors of the first part of this book, defining the principles of European constitutional law by means of the concept of a doctrine of principles. As far as Armin von Bogdandy is concerned, identifying a legal text as a constitutional text because special conditions, 'qualified requirements', are required to amend it is simply not relevant. He therefore provides 'a systematic exposition of the most essential legal norms of the European legal order'. He points out the vital European principles inherent in EU laws, similar to such processes with the Amsterdam Treaty and the draft constitutional treaty, exploring principles like integration, supra-nationality, democracy and the rule of law. As far as the Director of the Max Planck Institute for public comparative law at Heidelberg is concerned, one of the advantages of this approach is that 'by means of structuring and informing principles, it is possible to understand the constitution as an 'organic whole' and the constitutional text as the expressing of a 'grand', though only partially fixed, plan'. 'Drafting such a 'grand plan' for European constitutional law appears all the more urgent in view of the treaties' generally recognised insufficient structure.' The first part of the book also includes reflection by the authors on areas like the federalist and democratic dimensions of the European Union, how the EU meshes with national constitutions and the constitutional role of multilateral treaties.
The second part of the book looks at European Union institutions and how they have changed over time. The authors argue that changes to the institutions can been seen 'as variations on a fixed tune, a development inspired by the same melody, although in different keys and tempi', this melody being 'executive federalism'. Other chapters look at individual rights and the notion of European citizenship, and the constitutional dimension of business laws. The final part compares the various authors' views and provides reflection on general, almost philosophical, considerations, like tension between the EU and its Member States, the EU's purpose, the role of the constitutional treaty and the role of citizens. The authors are eminent German researchers, each of whom has their own methodology and their own political approach to integration, but 'they are united by the desire to protect - and even to develop further - the existing constitutional culture within the Union.' They have written a knowledgeable and detailed book, combining scientific discipline and the desire to shed new light on these issues.
Frederik Ronse
*** CLIVE H. CHURCH, DAVID PHINNEMOR: Understanding the European Constitution. An introduction to the EU Constitutional Treaty. Routledge (2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN, UK. Te: (44-1264) 343070 - Fax: 343005 - Internet: http://www.routledge.com ). 2006, 200 pp, £19-99. ISBN 0-415-36340-3.
This book by two eminent academics starts with a useful fact. While it has been criticised and vilified by huge numbers of people in Europe (and the United Kingdom is far from the exception proving the rule in this case), very few people have actually read the European constitutional treaty. To 'put the church back in the middle of the village' and give readers the possibility of looking at the nature of the beast, Clive Church (!) and David Phinnemore have written this book with the aim of providing an impartial, concise and balanced overview of the controversial legal text. The first part of the actual draft treaty is set out in full and analysed in detail. The authors also give a scientific explanation of where the constitution came from, how its contents differs from existing treaties, areas of controversy and issues arising from the debate surrounding ratification. A reliable source of information. (LD)
*** GUIDO K. RADDATZ: Das Eigenmittelsystem der Europäischen Union Peter Lang (1 Moosstrasse, CH-2542 Pieterlen. Tel./Fax: (41-32) 3761727 - Internet: http://www.peterlang.de ). "Finanzwissenschaftliche Schriften" series, No. 113. 2005, 347 pp. ISBN 3-631-51412-3.
How the European Union is financed has been an area of constant conflict among Member States since the start of the European project, and it is getting worse. The current 'own resource' system can be seen as the outcome of negotiations and the art of political compromise, but such procedures never do much for transparency, proximity to the citizen or economic efficiency, and end up making the outcome unsatisfactory for virtually everybody. What tax raising powers are required at EU level to get out of this situation? This question structures the book, as the author analyses the pros and cons of the own resources system and outlines the most urgent areas where reform is demanded, including abolishing the UK's budget rebate, which has been distorted for quite some time. (Cdi)
*** RENE ANDRE, MARC LAFFINEUR: Les perspectives financières 2007-2013: quelles ambitions pour l'Union élargie. Délégation pour l'Union européenne de l'Assemblée nationale (Boutique de l'Assemblée nationale, 4 rue Aristide Briand, F-75007 Paris. Tel: (33-1) 40636121 - Internet: http://www.assemblee-nationale.fr ). "Rapport d'information", No. 2367. 2005, 168 pp, €5. ISBN
2-11-119232-5.
The question of the Financial Perspectives 2007-2013 has now been settled, but as is so often the case, this newsletter from the French national assembly's Delegation for the European Union provides very useful information, briefly explaining the background to this highly controversial political issue - which will return to the spotlight in the relatively near future. (PBo)
*** JACQUES MYARD: La Roumanie: "c'est la famille". Délégation de l'Assemblée nationale pour l'Union européenne (see above). "Rapport d'information", No. 3019. 2006, 44 pp, €3-50. ISBN 2-11-121147-8.
French parliamentarian Jacques Myard explains that in his view, genuine progress has been made by Romania in terms of improving freedom of the press, child protection, justice, anti-corruption, border controls and integrating the Roma population. The author says that the remaining problems are technical and secondary and there is no need to consider postponing the date when Romania joins the European Union. (PBo)
*** JEROME LAMBERT: L'adhésion de la Bulgarie: être exigeant pour réussir l'intégration. Délégation de l'Assemblée nationale pour l'Union européenne (see above). "Rapport d'information", No. 3018. 2006, 42 pp, €3-50. ISBN 2-11-121146-X.
Along the lines of the newsletter on Romania above, French parliamentarian Jérôme Lambert reaches the same conclusion, namely that although Bulgaria still has work to do to meet the political criteria for joining the EU, this in no way justifies postponing the accession date. All the same, the author draws attention to the fact that once it joins, Bulgaria will be the poorest country in the EU in terms of GDP per inhabitant, meaning that it will be subject to strong competitive pressures.
(PBo)
*** ARLETTE FRANCO: Les perspectives démographiques de l'Europe: assurer notre avenir commun par des politiques coordonnées. Délégation pour l'Union européenne de l'Assemblée nationale (see above). "Rapport d'information", No. 2887. 2006, 101 pp, €5. ISBN 2-1111-9803-10.
The ageing population is nothing new. Following the baby boom in the West after the Second World War which forced the EU to revise its social policy, Europe is now facing a new challenge - the low birth rate. The number of births in the EU25 in 2003 was barely enough to replace the number of people who died in that year and although 185,000 more people were born than died and therefore the population grew somewhat, this is only because of the growth in life expectancy. The ageing population is jeopardising the existence of the European social model because ceteris paribus, it will lead to a fall in the working population and economic dynamism. Action is therefore required on the political front, hence the publication of a Green Paper by the European Commission this spring. This report by French parliamentarians first looks at why the birth rate is falling in Europe. Arlette Franco then reviews social protection strategies like the Lisbon Strategy, explaining how they are being jeopardised by the ageing population. The second part of the book looks at suggested solutions to the problem, inspired by the example of Sweden and France. The solutions take a three-pronged approach - removing obstacles to reconciling home and work life; equal treatment of both parents; and freedom for parents to decide how many children to have. Refocussing solidarity on older people to create a four generation society is another option to be considered.
(NDu)
*** DAMIAN GRASMUCK: Die Forza Italia Silvio Berlusconis. Geburt, Entwicklung, Regierungstätigkeit und Strukturen einer charismatischen Partei. Peter Lang (see above). "Italien in Geschichte und Gegenwart" series, No. 22. 2005, 533pp. ISBN 3-631-53839-1.
Is it patriotism or despair? One thing is certain, it was a daring experiment and it worked. After Silvio Berlusconi waved his magic wand and launched a new political party, Forza Italia, a decade ago, the party went on to beat a number of records, even becoming the biggest party in Italy at one point with hordes of members and even greater numbers of voters. Many European observers, particularly in Germany, lost track of what was going on in Italy. What is the reality behind this political body used twice by Berlusconi to find his way to power? What was the secret of his success? Is this a model for the future or does the rising power of such a party threaten democracy in Italy? Fascinating questions fascinatingly answered by the author, a political analyst, which are highly topical given the recent change of government in Rome.
(CDi)
*** SILVIA MICHAL-MISAK, MONIQUE DORSCH, HERBERT STRUNZ: Perspectiven der österreichischen Neutralität. Politische und ökonomische Auswirkungen. Peter Lang (see above). "Internationale Märkte" series. 2005, 198pp. ISBN 3-631-53879-0.
The aim of this book is to analyse the past and present political and economic situation in Austria and how this interacts with Austria's neutrality. The authors also speculate about possible future scenarios. The research is based on two variants - Austria remaining neutral and Austria abandoning its neutrality. The authors explore the pros and cons of both options in the short, medium and long-term.
(CDi)
*** Mid-term evaluation of the MEDA II programme. ECORYS-NEI (44 Watermanweg, NL-3067 GG Rotterdam. Tel: (31-10) 4538800 - Fax: 4530768 - e-mail: netherlands@ecorys.com - Internet: http://www.ecorys.nl ). 2006, 173 pp.
This study aims to provide better understanding of the role of money sent home by immigrant workers in Europe from the eight countries covered by FEMIP, the EIB's EuroMed investment fund. In 2003, the money sent home by immigrant workers in Europe exceeded foreign direct investment in the countries in question. (FRo)
*** Mid-term evaluation of the MEDA II programme. ECORYS-NEI (44 Watermanweg, NL-3067 GG Rotterdam. Tel: (31-10) 4538800 Fax: 4530768 - e-mail: netherlands@ecorys.com - Internet: http://www.ecorys.nl ). July 2006, 145 pp.
Commissioned by the European Commission, Ecorys Netherlands, formerly the Netherlands Economic Institute, has written a mid term review of the EU's Meda II aid programme for the EuroMed Partnership. (FRo)