WEEKLY SUPPLEMENT / European library

*** STEPHEN WEATHERILL (Ed.): Better Regulation. Hart Publishing (16C Worcester Place, Oxford, OX1 2JW, UK. Tel: [phone] - Fax: 510710 - E-mail: [e-mail] - Internet: http://www.hartpub.co.uk ). "Studies of the Oxford Institute of European and Comparative Law" series, No. 6. 2007, 437 pp, £60. ISBN 978-1-84113-715-5.

Holder of the Jacques Delors Chair at the Law Faculty of Oxford University, Deputy Director of the Oxford Institute of European and Comparative Law at Oxford University and researcher at Somerville College, Stephen Weatherill is no doubt well-known to readers of the European Library. In this book, he looks at the concept of Better Regulation, or, in simplified terms, the search for more cost-effective legislation and, extrapolating out from that, less red tape for companies. He is touching here upon one of the issues that do the rounds in political circles and academia whose apparent simplicity hides many assumptions, implied ideas and matters left unspoken. As he points out, if the idea only meant greater efficiency and simplicity, who would be able to find anything to write about in this connection? As a British citizen, the author has a fertile ground for study in his own country because Better Regulation, in the meaning of the current formulation, has pride of place in the agenda of the World Trade Organisation and the European Union but it is in the United Kingdom that the idea first generated interest since it took form with Margaret Thatcher's measures to reduce the role of the state in the economic and business world. The tone was later softened by workers who preferred to talk of 'Better Regulation', before it turned into its current usage of meaning more minimalist legislation. Some of the articles therefore discuss the British experience or compare it with the situation in the European Union, which is the main subject of study in this book.

In fact, after describing what is understood by "Better Regulation", the book points out (and this is one of its merits) that unlike the way it is often presented, the term is not devoid of value judgements - which confront perceptions which are themselves whole defensible - and partly through the force of things, it touches on political decision-making and orientations. Weatherill therefore sets talk about better governance in context within its ideological framework. While the values of free trade and deregulation that dominate the issue, with periods of inflection, on longer trip so easily off the tongue as in the names of programmes from the 1980s like "Lifting the Burden" or "Building Businesses Not Barriers", Better Regulation remains a concept where it is as well to be able to distinguish between the various logics underlying it which are sometimes in contradiction to its declared aims. John Kitching outlines these opposing threads in a way when he writes that: "Private property, contract and money are essential preconditions for the development of an advanced market economy; all presuppose an active government role as regulator", leaving everyone free to decide on the scale that this active role should have.

The book does not, however, limit itself to these considerations. Its contributors, lecturers and researchers in law or political science and officials at the European Commission or active within British Better Regulation bodies, also look at Better Regulation from a practical viewpoint, attempting to clarify the aims that are really being pursued and those that are desirable, along with the pros and cons of the different possible approaches, how they could be applied and what would be the outcome. Each author makes a contribution to his or her preferred area. Some explain the need to make impact studies (and the associated problems) to assess the pertinence of a law (or even the legislative or regulatory process) in the face of potential alternative routes. For example, Robert Baldwin points out that these regulatory impact studies can have their downsides, explaining that for an official who has to deal with one of these impact studies, "the incentive to adopt a problem-centred approach may be weak" because it may lead to more detailed legislation. The European Union (particularly the European Commission) is obviously well represented in the book's contributions, whether because of its special role, the principle of subsidiarity, how the institutions interact with one another or the process of setting up agencies. Other contributions look at the question from the viewpoint of enterprise, in John Kitching's study of SMEs, for example.

In the introduction, Stephen Weatherill writes: "As a slogan, Better Regulation invites neither contradiction nor even debate. Who would promote 'Worse Regulation'?" But the authors did not restrict themselves to the slogan, but have provided an in-depth study of Better Regulation. This series of books published by Oxford University's Institute of European and Comparative Law once again demonstrates its mettle with serious academic study and scientific rigour. In fact, the volume is designed not to defend any particular position on current levels of legislative effectiveness and how it might be improved, but rather to clear away the undergrowth and provide readers with the tools they will need to gain better understanding of the possibilities and limits of Better Regulation, leaving readers free to judge for themselves in fine the political orientations Better Regulation should serve. The fact that it is a collection of essays clearly reinforces this of course because the views of the different authors which may filter through naturally balance one another out. The book therefore meets specifications.

Frederik Ronse

*** CATHERINE DUMONT: De l'élaboration de la législation communautaire à sa mise en oeuvre en droit national: contribution du Conseil économique et social à la réflexion sur “mieux légiférer”. Direction des Journaux officiels (26 rue Desaix, F-75727 Paris cedex 15 France. Tel: [phone] - Fax: [phone] - E-mail: [e-mail] - Internet: http://www.journal-officiel.gouv.fr ). "Avis et rapports du Conseil économique et social" series, No. 17. 2007, 191 pp, €13-20. ISBN 978-2-11-120751-6.

This report from the French Economic and Social Council points out that much work remains to be done on Better Regulation. After explaining the various stages in the process of introducing new EU legislation and reviewing the improvements that have already been made and those still to be introduced, the author studies the recommendations penned by some of the main European and national stakeholders before describing the potential reforms she feels are vital. In order to 'better regulate', the Council stresses the importance in the future draft institutional treaty of making (and implementing) the improvements in the decision-making process that were decided at the European Council of 21 and 22 June 2007. Following which, organisational changes at national level absolutely must accompany implementation at EU level, explains the report, highlighting the shortcomings of the French system and suggesting ways of ensuring greater account is taken of European affairs in France along with greater coordination of European affairs in France. The author ends by stressing the need to give a greater role to all citizens and civil society players, which will require better distribution of information. A very useful book.

(TB)

*** YVES BERTONCINI, VANESSA WISNIA-WEILL: La stratégie de Lisbonne: une voie européenne dans la mondialisation. Fondation Robert Schuman (29 bld Raspail, F-75007 Paris. Tel: [phone] - Fax: [phone] - E-mail: [e-mail] - Internet: http://www.robert-schuman.eu ). "Notes de la Fondation Robert Schuman" series, No. 41. 2007, 97 pp, €10.

The Lisbon Strategy has already given rise to much debate, but this publication from the Robert Schuman Foundation is not superfluous in that is describes the essential points of the Lisbon Strategy in a clear, concise and comprehensive manner. The authors are policy officers working for the French prime minister, who explain where the Lisbon Strategy came from, the details of how it is being implemented through the Open Coordination Method and its both encouraging and contrasting results, which call for confirmation next year of the revised integrated guidelines and the new national reform programmes.

(PBo)

*** JACQUES DURON: Processus de Lisbonne: contribution du Conseil économique et social à la préparation du Sommet de printemps 2008. Direction des Journaux officiels (see above). "Avis et rapports du Conseil économique et social" series, No. 20. 2007, 139 pp, €10-20. ISBN 978-2-11-120754-7.

In this document, report-writer Jacques Duron summarises the main areas of the Lisbon Strategy and provides observations from the French economic and social committee on the planned 2007 follow-up of the National Reform Programme drawn up by the French government for the European Commission.

(PBo)

*** NORBERT WIMMER, THOMAS MÜLLER: Wirtschaftsrecht. International - Europäisch - National. Springer (P.O. Box 89, 4-6 Sachsenplatz, 1201 Vienna, Austria. Fax.: [phone] - Internet: http://www.springer.at ). 2007, 428 pp. ISBN 3-211-34037-8.

This important book is an in-depth manual of economic law. It attempts to make an as comprehensive survey as possible of all aspects of public and private law, and the regulations and principles governing the organisation and running of business life and trade. It provides a wealth of definitions of essential concepts in this field of study, starting by discussing the issue in Austria, but also, of course, covering the multifarious aspects of interconnection that have gradually developed in recent years between global economic laws and European and national economic laws. Due to its extremely rich documentation and highly specialised bibliography for each subject, this very serious book by two professors at Innsbruck University in Austria is a research and study tool which overshoots the borders of its country of origin. The description of specific problems of European economics law is particularly rich. Specialist reading.

(GFr)

*** VALENTINE KORAH: An introductory guide to EC competition law and practice. Hart Publishing (16C Worcester Place, Oxford, OX1 2JW. Tel: [phone] - Fax: 510710 - e-mail: [e-mail] - Internet: http: //http://www.hartpub.co.uk ). 2007, 539 pp, €43-50. ISBN 978-1-84113-754-4.

A true bible of information about EU competition law, this book is now in its ninth edition, expanded and newly updated (to June 2007). It also provides "analysis and a trenchant comment on the legislation, case law and policies that have had some influence in the development of the law". More than a simple description of the laws in force, the author, emeritus professor of competition at University College London, provides a constructive criticism of EU competition rules. Valentine Korah looks, for example, at the rarity of economic analysis in the Commission and European Court of Justice and European Court of First Instance's public decisions, addressing the measures taken by the Commission to answer its critics. The book is basically aimed at the business world, to help it understand and respect competition law. Needless to say, it also makes ideal and very profitable reading for students, lawyers and officials in this field.

(TB)

*** GEORGE CHRISTOU, SEAMUS SIMPSON: The new electronic marketplace: European governance strategies in a globalising economy. Edward Elgar Publishing (see above). 2007, 203 pp.
ISBN 978-1-84542-274-5.

The electronic marketplace is constantly expanding at global level and this analysis looks at its growing role in European politics. The author attempts "to situate and explain the EU's role as an international regional actor in a new area of economic activity with important national and global dimensions". For a dozen years now, a series of governance strategies have been introduced to ensure optimal management of the sector, a problematic but necessary task. Starting with interviews with national and European political personalities, the two university lecturer authors describe the form taken by the emerging framework of governance in the process of developing the EU. Convinced that the EU's policies have to be situated against the changing background of the international political economy, they compare internet governance with other technologies that are better established on the communications market and reflect on the likely development of European policy concerning business on the internet.

(TBa)

*** MICHAEL DOWLING, JURGEN SCHMUDE (Eds.): Empirical Entrepreneurship in Europe. New Perspectives. Edward Elgar Publishing (see above). 2007, 235 pp. ISBN 978-1-84720-212-3.

Arising from the fourth interdisciplinary European conference on research into entrepreneurship organised at Regensburg University in Germany, this book is a collection of the best research carried out by researchers who participated in the conference. Based on empirical data collected in specific countries or across the whole of Europe, the twelve essays cover a raft of themes like the typical Portuguese entrepreneur, the development of German companies quoted on the stock exchange at the end of the 1990s, the role of academic spin-offs in supporting economic and technological growth, the reasons why many women work part-time, etc. Highly informative reading for anyone interested in entrepreneurship.

(TBa)