*** MARINA EUDES: La pratique judiciaire interne de la Cour européenne des droits de l'homme. Editions A. Pedone (13 rue Soufflot, F-75005 Paris. Tel: (33-1) 43540597 - Fax: 46340760). "Publications de la Fondation Marangopoulos pour les droits de l'Homme" series, No. 8. 2005, 564 pp, €58. ISBN 2-233-00481-7.
At this time of 'extraordinary renditions' and the forwarding of money and other 'compensation' to countries 'friendly' to people for whom international arrest warrants have been issued, it is good to remember that fifty years ago, Europe fortunately established the European Court of Human Rights to defend individuals' basic rights, making this book highly topical. It follows on from a doctorate thesis at the 'Université de Paris X Nanterre', for which the author won the French International Law Society's human rights prize. Marina Eudes demonstrates how the European Court of Human Rights' internal rules concerning organisation, procedures, its understanding of its powers and the judicial strategies underlying its work are very effective and high quality. Her demonstration wins the argument, to say the least.
Work of this nature cannot be summarised of course. The preface by Prof. Emmanuel Decaux explains the spirit of Marina Eudes' approach perfectly. He writes that she has managed the pull off the feat of revealing how justice works on a daily basis without denigrating it, far removed from abstract writings flying in the face of human reality, like subordinate documents highlighting selfish calculations. He adds that her aim was not to dismantle the judicial machine with the danger of not being able to put the parts back together again, but rather to look at more essential issues, understanding and explaining a legal system which is still an unprecedented legal adventure, bringing together in the name of 'collective guarantee' the same ideal for justice and freedom of men and women from the entire continent known as Europe. He says it all!
In her general conclusion, Marina Eudes points out that of all the various international systems for protecting individual rights and freedoms, the Strasbourg court is the reference model, both in terms of the institution and in terms of accomplished legal work. She writes that this is even more the case since Protocol No. 11 came into force, making the European court fully jurisdictional and binding. Dangers hover, nevertheless, over the European human rights judges since the huge rise in the number of cases being sent to the Convention's control body is jeopardising its very existence. In this connection, the author looks at Protocol No. 14, which may come into force in the second half of this year. She digs away at the addition of a new condition for individual cases to be heard which she says partially challenges a vital characteristic of the European system under the pretext of ensuring the system's effectiveness into the long term. Basically, the best solution may not actually be so good, which brings us back to the question of whether states or individuals should take precedence. A consubstantial question for the Convention itself, as is explained in an edifying footnote on an issue constantly in the news, where Marina Eudes quotes Pierre-Henri Teitgen, when Members of the European Parliament were discussing the modalities for ensuring respect of the Convention. He writes that many MEPs pointed out that European countries were democratic and deeply impregnated with the sense of freedom, believing in natural ethics and natural law. We are sheltered from temptation and being put to the test so why wish to establish such a system? Other countries - grand, beautiful and noble countries - were also working to serve an ethic and a civilisation but then one day, evil descended on them. They experienced being put to the test. All our countries are exposed to experiencing one day the hard constraints of reason of State. At such times, our guarantee system may also shelter us from the rebirth of totalitarianism, fascism and Nazi-like powers. He adds that democracies do not become Nazi countries overnight. Evil moves with stealth. There has to be awareness somewhere that sounds the alarm bell for national opinion threatened by this creeping gangrene. An international court at the Council of Europe, a system for controlling and guaranteeing, could well be the awareness we all need. Who would dare to claim, fifty years on, that this no longer holds?
Michel Theys
*** RALF MOLLER: Verfahrensdimensionen materieller Garantien der Europäischen Menschenrechtskonvention. Peter Lang (1 Moosstrasse, CH-2542 Pieterlen. Tel./Fax: (41-32) 3761727 - Internet: http://www.peterlang.de ). "Europäische Hochschulschriften - Publications Universitaires Européennes - European University Studies", No. 4201. 2005, 310 pp. ISBN 3-631-53971-1.
In recent rulings, the European Court of Human Right is starting to simplify the procedural burden surrounding fundamental rights, particularly the right to life and the banning of torture under Articles 2 and 3 of the European Convention of Human Rights, and the right to privacy and respect for family life under Article 8. This book analyses the causes and potential impact of this development. It shows that it is mainly with the aim of improving efficiency that the Court has changed the procedures surrounding material guarantees. At the same time, the Court's case law has huge impact symbolically. The author explains that work is underway on a new definition of how Article 6 meshes with Article 8 of the European Convention of Human Rights to alleviate the current competition problems.
(CDi)
*** THIERRY MARIANI: Immigration et intégration: l'approche européenne. 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. 3042. 2006, 171 pp, €5. ISBN 2-1111-9820-10.
In May 2006, the French national assembly was due to examine the draft law on immigration and integration adopted by the French Council of Ministers on March 2006, and at the same time the French government's Délégation pour l'Union européenne was looking at various pieces of EU legislation on immigration. It was decided to seize the moment to explain the substance of EU immigration law to the assembly. This particular report will be followed by three other studies from the same body, stressing that the direction of French immigration policy is part of an EU framework and corresponds to trends observed across the European Union. The author claims that French immigration policy has the same priorities as EU immigration policy, namely developing selective immigration and improving the integration of people from outside the EU; taking a firm line against illegal immigration; and boosting cooperation with countries where immigrants hail from and transit through with the aim of stimulating co-development. This newsletter is divided therefore into three sections, each one dealing with one of the above mentions directions. Most of the EU's immigration legislation is included in an annex, as a kind of Code of EU Law on Foreigners. (NDu)
*** VERA KORRELL: Europol, Polizei ohne rechtsstaatliche Bindungen ? Peter Lang (see above). "Schriften zum Europa-und Völkerrecht und zur Rechtsvergleichung" series, No. 15. 2005, 338pp. ISBN 3-631-53615-1
Although the economic integration of Europe was achieved without provoking too much opposition, European integration in terms of domestic and foreign security is proving far more difficult. But Europol bears witness to real success in this field. This book looks at whether Europol's legal bases can be reconciled with the German Constitution. The author highlights Europol's legal restrictions and shows that constitutional rights are preserved and, in his view, the fears of an erosion of constitutional rights through effective crime-fighting activities are unfounded. (CDi)
*** Revue de droit monégasque (Palais de Justice de Monaco, BP 513, MC-98015 Monaco cedex). 2005, 300 pp, €30.
This collection of articles by specialists from academia, the judiciary and the political world looks at issues like the process of Monaco joining the Council of Europe and tax coordination with the EU and various other countries. (PBo)
*** LEONTIN-JEAN CONSTANTINESCO: L'applicabilité directe dans le droit de la C.E.E. Editions Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129842 - Fax: 5119477 - Internet: http://www.bruylant.be ). "Droit de l'Union européenne", "Grands écrits" series, No. 2. 2006, 145 pp, €30. ISBN 2-8027-2125-9.
Returning to the doctrinal roots of European law can be useful to gain understanding of current developments in EU legislation. EU law is, of course, mainly considered as being built on progress in case law by the European Court of Justice, but such progress should not lead one to forget the importance of the doctrine that allowed the EU's legal system to be designed and structured. European law is connected, primarily through its roots, to international law, but differs from international law in terms of the characteristics it has acquired over time as it developed. It is the dialectic between the innate international aspects and the specific European nature of European law that makes EU law so special. Léontin-Jean Constantinesco was one of the first people to take an interest in the specific nature of EU law and the present book was first written and published in 1970, a few years after the founding jurisprudence of the Van Gend en Loos case (ruling dated 5 February 1963). It can be considered one of the best attempts to systemise the Court of Justice's jurisprudence as it developed after that historic ruling. One of the book's main merits is the way it presents the duality of sources of EU law, whose logic continues to be relevant today, in the opposition between original law and secondary legislation. On the contrary, as far as the author is concerned, the true summa divisio of EU law is between EU laws having direct effect and EU laws not having direct effect, and he deals with this issue in the first chapter. The following chapters study examples of Court of Justice case law, while the fourth chapter examines the controversy in Germany surrounding tax measures in the EEC Treaty. The fifth and final chapter is a critical examination of several solutions provided by the Court of Justice in rulings issued on 4 April 1968.
(NDu)
*** ISABELLE PINGEL (Ed.): Les sanctions contre les Etats en droit communautaire. Editions A. Pedone (13 rue Soufflot, F-75005 Paris). "Contentieux européen" series. 2006, 160 pp, €20. ISBN 2-233-00488-4.
"Throughout all the Treaties establishing the Communities and the European Union, the word 'sanction' is only used twice. It is never used concerning States. One might deduct from this that there is nothing to reflect upon, but one would be wrong…” This is how Prof. Isabelle Pingel (Université Paris 1 Panthéon-Sorbonne) opened the colloquium in April last year, the proceedings of which are published in this book. The European Union was logically focussed on establishing laws at the beginning, but is now also concerned with implementing them and potential sanctions for failing to conform with the decisions and policies decided upon by the EU. The authors identify the various sanctions applicable to States (whether EU Member States or not), providing an overview and explaining the whys and wherefores.
(MT)
*** MARK FREEDLAND, JEAN-BERNARD AUBY: The Public Law/Private Law Divide. Une entente assez cordiale ? Hart Publishing (Salter's Boatyard, Folly Bridge, Abingdon Rd, Oxford, OX1 4LB, UK. Tel: (44-1865) 245533 - Fax: 794882 - e-mail: mail@hartpub.co.uk - Internet: http//: http://www.hartpub.co.uk ). "Studies of the Oxford Institute of European and Comparative Law" series, No. 2. 2006, 255 pp. ISBN 1-84113-635-2.
Back in Roman times, a distinction was made between public law, concerning the government in Rome, and private law concerning private interests, but this dichotomy is not of universal usage, unchanged over time. Until recently, for example, France strictly separated off classification of the two types of law, which became almost two separate subject matters for practitioners, while the United Kingdom did not distinguish between them. But as the authors of this book explain, things change and various factors (like the influence of the European Union, globalisation and changes in different countries' political and government cultures) have made the two poles less antagonistic. This book by experts in two legal systems which are diametrically opposed in terms of the distinction between public and private law, namely the British and the French systems, is written by British authors from Oxford University and French authors from Paris II University (Panthéon - Assas). They compare and contract their ideas in this book which, following a general introduction, is divided into two sections, one looking at the French approach and the other at the British approach. The part looking at the French system is written in French and the section on the British system in English. The book takes account of changes in the legal systems up until September 2003, and is a re-issue of a book previously published by Panthéon Assas Publications.
(FRo)