*** GRÁINNE DE BÚRCA, JOANNE SCOTT (Eds.): Law and New Governance in the EU and the US. 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 ). 2006, 434 pp. ISBN 1-84113-543-7.
The concept of 'new governance' and its corollaries of, for example, the Open Coordination Method and the 'soft law versus hard law' duality, are certainly one of the most original aspects of the modern political and legal world. But what exactly is new governance? It is difficult to give a categorical answer because it is a whole range of practices and elements with a hazy outline. For the two professors of law who edited this book, Graínne de Búrca (Fordham Law School) and Joanne Scott (UCL in Belgium and Harvard Law School), it is basically a concept developped to explain a whole variety of processes and practices with a regulatory dimension that do not function predominantly (or at all) through the traditional mechanisms of legislative institutions. They act as a kind of parallel process, an exchange of inter-disciplinary and inter-sectoral experience among practitioners and academics 'in favour of 'regulatory' approaches which are less rigid, less prescriptive, less committed to uniform outcomes, and less hierarchical in nature', rather than the 'command and control' type of legislative approach that is practised by traditional government stakeholders.
This book provides three levels of analysis. The first is empirical studies of various forms of new governance. These US and European case studies are resumed in the second and third parts of the book. They cover the application of new governance in areas like environmental protection, racial equality, gender equality, social affairs and health. The second level of analysis studies the relationship between law and new governance through the previously examined case studies and more abstract theoretical modelling. The link between new governance and law is approached through three theses. The first, the 'gap thesis', postulates that law has not yet 'caught up with' new forms of governance or simply ignores them. Some supporters of this thesis say this holds back experimenting with new forms of governance, while others focus their concern on the slimming down of the law's capacity to act as a regulatory guide and the question of making sure governance takes its responsibilities seriously. The second thesis, the 'hybrid' thesis, argues that the law meshes with new governance and they interact in a fruitful manner. Some variants of this thesis correspond the best to the EU notion of binding framework directives applied through flexible new governance. The third thesis is the 'transformation thesis' which 'argues that the new governance has demanded, and will increasingly demand, a re-conceptualisation of our understanding of law and of the role of lawyers.' This third thesis looks at the relationship between new governance and constitutionalism, going on to consider the idea of 'collective self-governance'. In this connection, Paul Magnette and Justine Lacroix compare constitutionalism in the United States and the European Union: 'they conclude their analysis by arguing that the EU today should eschew any thick version of constitutionalism based on common values and should instead adhere to a cold and abstract constitutional discipline which is more suited to its diversity of norms, identity and values'.
It is clear that the question of new governance raises a whole series of questions about key areas of how democracy and the social and political system in general actually operate. While the European Union, through its now infamous 'Open Coordination Method', a true UFO hovering above the political scene, is no doubt the body that takes the greatest interest in new governance in a conscious manner, that does not mean that it is a pioneer or the only body active in the field, because the United States is also fertile ground for research. The meeting in this book of academic experts from either side of the Atlantic provides a range of essays based on real cases studies, examined from different backgrounds - thereby enabling readers to gain better understanding of this new, evasive form of governance which is at work in the process of evolving the European Union.
Frederik Ronse
*** HEIKO BERTELMANN: Die Europäisierung des Staatshaftungsrechts. Peter Lang (1Moosstrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - Fax: 3761727 - e-mail: info@peterlang.com - Internet: http://www.peterlang.de ). "Schriften zum internationalen und zum öffentlichen Recht" series, No. 62. 2005, 264 p. ISBN 3-631-54144-9.
This book looks at the Europeanising of laws governing state liability. Rather than attempting to provide an exhaustive description of this complex process, the author explains the characteristics at play from three specific viewpoints, namely German law on the state's liability, EU law on the state's liability, and Europeanised German law. It focusses on the impact of the EU Court of Justice ruling in the Kobler case of 30 September 2003. The author aims to contribute to the process of deciding how to answer the question of whether and to what extent Member States are liable for any infringement of EU law - a question which the Kobler case forced to the centre of debate about European law.
(CDi)
*** European View. Forum for European Studies (C/O VZW Europese Volkspartij, 67 rue d'Arlon, B-1040 Brussels. Tel: (32-2) 2854140 - Fax: 2854141 - E-mail: thuhtanen@epp-eu.org - Internet: http://www.epp-eu.org/europeanview ). 2006, No. 3, 182 pp.
A bi-annual publication of ideas from a thinktank connected with the European People's Party (EPP), this issue of European View looks at the role of European parties in the European project. It includes articles by some two dozen leading party figures, including current prime ministers Jan Peter Balkenende and Kostas Karamanlis, and the head of the EPP group at the European Parliament, Hans-Gert Pöttering. The EPP President, Wilfried Martens, wrote the editorial which opens this issue. Following the citizen discontent expressed in the French and Dutch no votes on the draft Constitution, the former Belgian prime minister (Martens) calls for all European parties to make a greater commitment 'in this huge task of convincing European citizens about the importance of our common European future' by answering their questions about the identity and future of the EU in a practical way. Jan Peter Balkenende takes over by asking whether citizens have failed to become aware of the EU dimension, calling for multi-national groupings of people who share EU values. The other articles continue reflection on the role and situation of European parties.
(FRo)
*** CHRISTIAN PHILIP: Les agences européennes: le hasard… et la nécessité. Délégation pour l'Union européenne de l'Assemblée nationale (La 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" series, No. 3069. 2006, 116 pp, €5. ISBN 2-1111-9822-6.
The first body that could be described as a 'European agency' was created in 1960, namely the Euratom Supply Agency. There were very few other EU agencies until the beginning of the 1990s, but there has been a mushrooming of them in the past five years - there are currently twenty-one agencies. In this newsletter, French parliamentarian Christian Philip looks at the reasons for this growth, how the agencies work and their legal basis, querying the raison d'etre of some of them. The author argues that some serve the general European interest, but others owe their existence to the vagaries of European political life. This problem could be exacerbated, he believes, by the most recent round of EU enlargement, because both old and new Member States tended to want their own agency and their own Commissioner. The French parliamentarian also reflects on the dangers of lack of responsibility that could arise from the Commission granting too many of its powers to agencies, but does not doubt that most of them provide precious technical expertise and allow the Commission to focus itself more on its main tasks. This well-documented research also looks at the draft inter-institutional agreement to rationalise agencies' work, over which the Commission and Council do not see eye-to-eye. To sum up, he says 'Yes' to agencies, but before setting up any more, it is time to draw up a true balance sheet and set minimum rules for them. A clearly expressed call for prudence, written in no uncertain terms, which will resonate with what many in the European microcosm 'are thinking aloud'…
(FRo)
*** L'Europe en formation. Les cahiers du fédéralisme. Centre international de formation européenne (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 ). 2006, No. 2, 120 pp, €11. Annual subscription: €30.
To mark the twentieth anniversary of the death of Altiero Spinelli on 23 May 2006, Jean-Pierre Gouzy looks back in this issue of L'Europe en formation at the battle waged by this 'precursor of Europe of the citizens', also discerning how his federalist commitment compares and contrasts with the 'integral' commitment of the founder of this review, some forty-six years ago, Alexandre Marc. In conclusion, the Vice-President of the 'Centre international de formation européenne' notes that there has not really been a synthesis between the intellectual approaches of these heroes of the unusual adventure which Alexandre and Altiero wanted to be the most committed to, which perhaps goes to explain his question tinged with bitterness: 'Nowadays, does any real debate about ideas continue to exist within the haze of federalism in the sense that it exists outside meetings of a generally academic nature?' The question refers readers back to the editorial, which explains that the ostrich policy that has been implemented since the French and Dutch no votes is unlikely to get some voters to abandon the rosy future they are planning of withdrawing into themselves…
(MT)
*** RENATO CRISTIN (Ed.): Vie parallele/Parallele Weg. Italia e Germania 1944-2004 - Italien und Deutschland 1944-2004. Peter Lang (see above). "Italien in Geschichte und Gegenwart" series, No. 23. 2005, 163 pp. ISBN 3-631-54048-5.
"In reality, the idea of a comparison of our most recent paths, dipping into a common history that goes back for millennia, arose on the anniversary of two events - the end of the Fascist regime in July 1943 and the failed attempt to assassinate Hitler in July 1944. Despite their different tragic consequences, these events seem to have something in common, namely the sense of a prologue, the opening of a new page or, at very least, a new awareness in the process of these two countries moving from dictatorship to democracy"...This quote comes from a speech by Italy's ambassador to Germany until 2005, Silvio Fagiolo (previously Italy's Permanent Representative in Brussels), at the opening of a conference in Berlin in June 2004 organised by the Italian Cultural Institute and the Italian Embassy to illustrate the motivation and ambitions of their common history. Most of the motivating reasoning comes from the fruitful and intense interaction between Germany and Italy on the political and cultural fronts throughout the entire history of Europe. From Lutheranism and the Reform period to the Nazi and Fascist days, via the scientific and literary Enlightenment, when mutual fascination always brought both countries to learn about each other, react to each other and thereby influence the development of Europe as a whole. Renato Cristin, Director of the Italian Cultural Institute, explains that the ambitions consisted of moving again down the divergent paths that have united Germany and Italy from the end of the War until now. In this spirit, the book is a collection of articles by eminent participants like Wolfgang Schäuble, Giorgio Napolitano and Richard von Weizsäcker, incorporating personnel memories and socio-political comments. Apart from the general introductions by Renato Cristin and Silvio Fagiolo, the articles are not translated, being written in either German or Italian, which damages the ambition of making the event, and the book itself, a 'tangible eye-witness account of the spirit of openness and dialogue taken on board by any political comparison inspired by the fundamental values of European civilisation'…
(CDi)
*** MARTIN STRICKMANN: L'Allemagne nouvelle contre l'Allemagne éternelle. Die französischen Intellektuellen und die deutsch-französische Verständigung 1944-1950. Peter Lang (see above). "Europäische Hochschulschriften - Publications Universitaires Européennes - European University Studies", No. 989. 2004, 512 pp. ISBN 3-631-52195-2.
After the defeat of 1940, the occupation of France by the Germans and then liberation by the Allies, many French people had fully understandable feelings of fear and hatred for Germany. At the same time, however, French intellectuals have radically refused to have prejudicial views about Germans in general and to fall into the stereotyped popular psychology of the "Sonderweg", 'the other way' of 'eternal Germany'. Among their ranks there have been loud calls for sharing the responsibility of building a new democratic Germany and for it to be incorporated in Europe as Europe moves in the direction of unity. To this end, these French intellectuals established exchange and post-1945 education committees, which organised the first Franco-German writers conference, carried out the first presentation tours throughout the occupied zones and published countless documents. The Franco-German post-1945 entente therefore has some of its intellectual roots in the speeches, initiatives and personnel paths of these individuals, who made an important contribution to the European identity that we experience today. Their history is recounted in this very comprehensive book..
(CDi)