*** STEFAN BRAUM, ANNE WEYEMBERGH (Eds.): Judicial control in EU cooperation in criminal matters. Editions de l'Université de Bruxelles (26 av. Paul Héger, CP 163, B-1000 Brussels. Tel: (32-2) 6503792 - Fax: 6503794 - email: editions@admin.ulb.ac.be - Internet: http: //www-editions-universite-bruxelles.be). "Etudes européennes" series. 2009, 348 pp, €30. ISBN 978-2-8004-1438-6.
What is the current status and, more importantly, what is the future of judicial control in the EU area of criminal law? This is the extremely controversial question running through the essays in this book, which follows on from an international conference and a seminar of academics and researchers, mostly members of the European Criminal Law Academic Network, judges at the European Court of Justice, the European Court of Human Rights, other practitioners with judicial experience and European civil servants. The question is particularly controversial for two reasons. Firstly, because after the judicial 'desert' that prevailed when Member States starting working together on criminal law issues (which did not involve the European Court of Justice in any way), the Maastricht Treaty and the Amsterdam Treaty brought in a labyrinth of regulations. These regulations have become, as Dean Speilmann, a judge at the European Court of Justice, explains in the introduction, a puzzle for judges, defendants and lawyers, who are no longer capable of unravelling the spider's web of international treaties that impose often conflicting duties. Secondly, because judicial control is of course consubstantial to fundamental rights and the proper working of democracy and the rule of law. Hence the importance of this research on a particularly complicated issue affecting both Europes at the same time - the European Union and the Council of Europe.
Lars Bay Larsen, a judge at the European Court of Justice, describes the context of judicial control in the European criminal law area, followed by four separate sections to the book. The first examines how the European Court of Justice responds to conflicts over the legal basis of legislation between the first and the third pillars, examining in detail the continuing controversy over the European Union's powers under criminal law. The second section focusses on the dialogue that has been set up between the Court of Justice and laws in the Member States, in the light of the 16 June 2005 Pupino ruling and preliminary rulings on the European arrest warrant and non bis in idem, identifying new paradigms in relation to the latter. The third part examines judicial control over the protection of fundamental rights, with essays addressing the question of terror blacklists and data protection. The fourth section looks at reform and the future prospects of judicial control, with essays on the introduction of the emergency preliminary hearing and improvements that would be introduced by the Lisbon Treaty. In fact, as Prof. Stefan Braum of Luxembourg University notes in the conclusion, most of the authors have huge hopes for the Reform Treaty which, despite its sophisticated and sometimes bureaucratic wording, would pave the way for solving the permanent crisis facing the European institutions in this field. Prof. Weyembergh (of 'Université Libre de Bruxelles') and researcher Vanessa Ricci explain at the end of their research that whether judicial control is exercised in the EU by the Court of Justice and/or national courts, or outside the EU by the European Court of Human Rights, it should be hugely strengthened by the process, although they are quick to point out that the Lisbon Treaty will not provide the answer as improvements will still need to be made…
Once again, the subject is fundamental to European society. In this connection, Prof. Braum expresses concern about the strong trend to criminalise cases that has been seen since 11 September 2001, discerning the emergence of a populist criminal policy reacting to fears of a scared populace. In this view, the terrorist threat naturally justifies improvements in judicial and police cooperation at EU level, but it would be extremely serious if people wanted to lay the foundations of a European criminal justice system without at the same time developing Europeans' fundamental rights. For the moment, however, the 'criminal area of freedom' has been left behind, leading to a situation where criminal justice in the sense of protecting human rights has become threadbare and powerless in the face of issues whose content is clearly managed by executive bodies - either the police or the secret services. Hence the appeal by Prof. Stefan Braum for attention to be paid to the full range of subjects that come under the broad heading of criminal law and for these issues to be cherished, much like a vintage wine. He writes that the right strategy to defend democracy and the rule of law against adversaries would be to keep ones values and protect fundamental rights at European level. He urges people to take up Barack Obama's slogan “Yes, we can” in this field. Urgent food for thought!
Michel Theys
*** GUY GEOFFROY: Utilisation des données des dossiers passagers (PNR) à des fins répressives. Bien concilier lutte contre le terrorisme et protection des libertés publiques. Commission chargée des Affaires Européennes de l'Assemblée Nationale (Boutique de l'Assemblée Nationale, 7 rue Aristide Briand, F-75007 Paris. Tel: (33-1) 40630033 - Internet: http://www.assemblee-nationale.fr ). "Document d'information" series, No. 1447. 2009, 103 pp, €5. ISBN 978-2-11-124105-3.
Echoing an appeal by Prof. Braum in the previously reviewed book, the French parliamentarian who wrote this newsletter points out that not everything should be sacrificed to the legitimate need to ensure the greatest levels of security. The author studies the draft EU decision on the use of personal information about airline passengers, known in the jargon as 'passenger name records' (PNR), for repressive purposes. Both the sheer volume of information in question and the fact that it concerns people the vast majority of whom are not suspected of anything give cause for concern, observes Guy Geoffroy who, convinced of the need for the PNR legislation to combat serious crime and terrorism, also believes it is necessary to preserve fundamental rights, and the right to privacy. Therefore, after observing that the EU's policy in this domain has only been formulated in response to the demands of countries outside the EU, led by the United States, since 11 September 2001, the author invites the EU to strike a balance between the two imperatives, ensuring that neither is given a privileged position to the detriment of the other. Faithful to the spirit that characterises this series, the book provides a succinct, reliable summary of the issue.
(MT)
*** GILLES CHARBONNIER: Panorama des systèmes judiciaires dans l'Union européenne. Etablissements Emile Bruylant (67 rue de la Régence, B-1000 Brussels. Tel: (32-2) 5129842 - Fax: 5119477 - email: jean@bruylant.be - Internet: http://www.bruylant.be ). 2008, 519 pp, €60. ISBN 978-2-8027-2586-2.
This Panorama was designed in connection with the work of the judicial authorities exchange programme introduced in 2006 by the European Judicial Training Network (EJTN). The author of this book was EJTN secretary general for three years. The EJTN is comprised of the institutions in the European Union that are responsible for training judges and public prosecutors. Its main aim is to offer them coordinated policies at EU level and the opportunity to work together. Funded by the European Commission, the exchange programme organises full-time, hands-on training courses for judges in courts in any of the Member States and countries applying to join the EU, along with long-term training courses at the European Court of Justice, the European Court of Human Rights and Eurojust. In a preface written when he was still a European Commissioner, Franco Frattini explains that the book will be extremely useful for judges involved in these exchanges in the future because it will enable them to get a better idea of the system they will be working in before they actually arrive in the host country. The book gives an overview of the twenty-seven Member States and their judge training systems. The same format is used for each country, starting with an overview of the country's political system and legal traditions. The court system is summarised and the spotlight then falls on judges and public prosecutors, explaining how the professions are managed (independence, ethics and surveillance bodies) along with human resource issues (recruitment, initial training, appointments, professional assessments, promotion and discipline). The book makes it easier to compare and contrast the twenty-seven Member States' legal systems and culture. Gilles Charbonnier is justified in his claim that he is encouraging a common culture that is vital if the judicial authorities in the EU are to trust one another more and hence work closer together.
(MT)
*** STEPHEN KABERA KARANJA: Transparency and Proportionality in the Schengen Information System and Border Control Co-operation. Editions Martinus Nijhoff (Koninklijke Brill NV, Leiden, The Netherlands. Internet: http://www.brill.nl ). "The Raoul Wallenberg Institute Human Rights Library" series, No. 32. 2008, 466 pp. ISBN 978-90-04-16223-5.
The Schengen Agreements are a crucial part of the European integration process. The freedom of circulaton has profoundly changed Europe. For the better in economic and social terms with the free circulation of goods and individuals but also for the worse when one considers the latest developments in international crime. Some will say this is a blessing in disguise in that the ramping up of cross-border crime has led to a stepping up of cooperation among Member States' customs and police departments which, it is hoped, should lead to greater efficiency. The problem of sovereignty, however, which is so dear to some countries, means that this cooperation does not take place at the physical level because of the reluctance of various authorities to accept deals from outside the country in question, but takes place instead at the virtual level because most of these exchanges are of personal information. Nobody challenges the utility of databases in terms of tackling crimes, but questions are raised about their legality and transparency. In other words, is the Schengen Information System accompanied by human rights safeguards and the protection of individuals? To answer the question, Stephen Kabera Karanja starts by describing the Schengen Information System and control of Schengen borders, looking at how information is gathered. He then looks at the connection between personal data protection and human rights, arriving at the conclusion that data protection is a human right. He then assesses the importance of human rights within the Schengen information system and ends by making several recommendations to improve data protection and the respect of human rights in police information systems.
(NDu)
*** NILS COLEMAN: European Readmission Policy. Third Country Interests and Refugee Rights. Editions Nijhoff (see above). "Immigration and Asylum Law and Policy in Europe" series, No. 16. 2009, 395 pp. ISBN 978-90-04-16554-0.
The flow of illegal immigrants and refugees clamouring to enter the European Union has been stark in recent decades and the current global situation with the tragic snowballing of natural disasters is not going to reverse the trend in the short-term. These flows of immigrants to the EU are of concern to the European authorities, which have introduced a large number of policies in recent years to manage immigration, partially at least. One is the policy of sending people back to their country of origin or another country they passed through with which the EU has struck a 'readmission agreement'. Nils Coleman, whose favoured area is legislation on immigration and refugees, considers whether the EU's bilateral readmission agreements signed in the 1990s are compatible with the EU's international duties of care towards refugees. He also looks at how the EU actually negotiates such agreements with other countries, agreements which are clearly not beneficial to them. Divided into nine sections, the book starts with a history of readmission agreements against the backdrop of international law. Three chapters then detail the way the EU operates in its negotiations with third countries and explore the tensions between the European Union and its Member States regarding the EU's powers in this field. The last three chapters explain the negotiating demands of the third countries and discuss legal issues surrounding readmission in international law.
(NDu)
*** CATHERINE LOMBARD, MONIQUE WYLOCK (Eds.): Belgopocket. Service Public Fédéral Chancellerie du Premier Ministre (Direction Générale Communication Externe, 16 rue de la Loi, B-1000 Brussels. Tel: (32-2) 514 0800 - email: info@belfopocket.be - Internet: http://www.infoshop.be ). 2008, 313 pp.
Arising from joint work by representatives of most of Belgium's federal institutions and various regional and language-community civil services, this second issue of Belgopocket will be very useful for Belgians and others living in Belgium with its short, reliable answers on questions like healthcare, social security, work, housing, mobility, transport, family policy, the environment, justice, pensions, consumer protection, tax, citizenship and democracy. This free, constantly updated, guide (not available in English) can be downloaded from http://www.belgopocket.be .
(PBo)