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Europe Daily Bulletin No. 9996
Contents Publication in full By article 48 / 49
WEEKLY SUPPLEMENT / European library

No. 842

*** LAURENT DUTOIT: Parlement européen et société civile. Vers de nouveaux aménagements institutionnels. Editions Academia-Bruylant (29 Grand Place, B-1348 Louvain-la-Neuve, Belgium. Tel: (32-10) 452395 - fax: 454480 - E-mail: promotion@academia-bruylant.be - Internet: http://www.academia-bruylant.be ). "Publications de l'Institut européen de l'Université de Genève" series, No. 5. 2009, 330 pp., 39 € (€ 41 outside Belgium and France). ISBN 978-2-87209-944-3.

Democracy would appear to have been suffering of late, judging by the relentless and increasing disenchantment of citizens with the political players and representatives from the institutions and political world. It is true that in the majority of member states, especially at a European Union level, the voting abstention rate is still rising, as so patently observed during the European Union elections. Based on this observation, this publication looks at some of the key elements in a PhD thesis in political science at the University of Geneva (available at http: //archive-ouverte.unige.ch/unige: 529), which outlines some bold strategies for overcoming the current blockage in representative democracy, inherited from the already remote 19th century.

Laurent Dutoit believes that the increasingly low participation rate in European elections can be interpreted as, "a questioning of the principle of traditional political party representation". This questioning is particularly exacerbated within the framework of the Union due to the, "absence of mass European political parties". Although changes of government are not determined by the European elections, "the European debate takes place at a national level" and subsequently, "the stakes at play are de-Europeanised". Combined with this scenario is the fact that the European media at large is incapable of creating an identifiable "area of debate” for the “European people". Added to which is the fact that there are too few citizens able to understand what institutional Europe really means and therefore take ownership of it. This produces the main ingredients for a malaise among citizens and a democratic deficit. This occurs, at the same time, however, as a more positive development we are witnessing with the increasing power of civil society as it puts forward its demands for a more participative democracy. These constitute the two central poles upon which this study revolves and can be encapsulated in the question of whether, "European society is a pooling of group interests or whether it contains the potential for rejuvenating the representative model that is able to encompass general interests and participate in legislative decisions". To answer this question, the author elaborates five possible hypotheses. Firstly, he illustrates the main characteristics of representation favoured by the Union and the semi-parliamentary approach in an attempt to gauge the participation of the European Parliament in the executive and its capacity to sanction. The second hypothesis looks at whether, "European political parties will find their place in the European political arena in the same way as they do in the national arena ", which ought to lead to the possibility of alternatives being envisaged with regard to the functions of proposing and endorsing the demands made in a European democracy. The third hypothesis explores the necessity of recognising, "civil society as a future credible intermediary within European governance, between citizens and the institutions", which leads the author to analyse to what extent civil society can be a stakeholder in a democratic process and what legitimacy it will have. In this respect, it seeks to define the representative criteria that authorise intervention in the European political area and to this end particularly draws from an intergroup empirical study at the European Parliament, which brought together MEPs and representatives from different associations. The fourth hypothesis is based on the observation that, "full European representation has not yet been attained ". Moreover, this book seeks to locate the, " means with which parliaments can again play a central role in democratic life" and ultimately explores whether participative democracy and representative democracy are reconcilable. Dutoit firmly believes it can, "(…) the idea of reconciling these two different modes within democracy is an important factor because their combination is the only way of helping to improve the legitimacy of a hybrid system".

By drawing on studies carried out by different associations, Laurent Dutoit arrives at the conclusion that the indispensable renewal of representation involves civil society's participation at the European Parliament, as long as the latter, "remains the only legitimate institution for creating this representative renewal". This is why he proposes that the Parliament, on the basis of the intergroup experience and "Agora citizen" (set up by Gérard Onesta, within the "parliamentary charity committees") institutionalises "a permanent debating role for civil society" that will foster the legitimacy of MEPs. He considers that this strategy is the best way of strengthening European democracy rather than by enhancing the powers of the European Economic and Social Committee or creating a "Chamber of Interests".

Michel Theys

*** JULIO BAQUERO CRUZ, CARLOS CLOSA MONTERO (Editors): European Integration from Rome to Berlin: 1957 - 2007. Presses Interuniversitaires Européennes / Peter Lang (1 av. Maurice, B-1050, Brussels. Tel: (41-32) 3761717 - fax: 3761727 - E-mail: info@peterlang.com - Internet: http://www.peterlang.com ). "European Policy" series, No. 39. 2009, 286 pp. €32.90. ISBN 978-90-5201-464-7.

This book is the extension of a colloquy organised in Madrid by the Centro de Estudios Politicos y Constitutionales in June 2007 on the theme of European integration in light of the no-votes from France and the Netherlands on the constitutional treaty, as well as the veiled disagreements between member states. It is based on the observation that this context testified and still testifies to the different points of view and perceptions of the past, present and future of Europe. Subsequently, the organisers of the meeting sought to think the crisis through following the integration process, by locating it in an historical context. They developed the debates around three main axes: the lessons of the past, current challenges and an uncertain future. The authors firstly analyse the historical success of the Treaty of Rome, which partly because of the common values and the flexibility of the players in question, helped create a sort of myth surrounding the origins and goals. The myth developed because, beyond the idealistic reconstruction of Europe after the Second World War, certain people consequently forgot that developing a Community-based Europe was far from being an altruistic enterprise and actually corresponded to the political and economic interests and specific needs of the founding countries. The book illustrates the long march Spain had to make before it joined the EU. After examining the developments over the last fifty years in the first part of the book, the authors then look at the diversity of European law and its relationship to democracy and the problems Europe is currently encountering, such as the democratic deficit and lack of political cohesion. In the book it becomes clear that the legitimacy of European integration is largely based on the economy and promises of peace and prosperity, which ought to result from it. However, as material benefits begin to dry up, the authors claim that they should refocus on Europe's social problems and seriously rethink the role the European Court of Justice could have in this respect. The final part of the book looks at developments flowing from the constitutional process and the lack of union between member states in this arena, which leads the writers to describe the possible restrictions on integration. They also examine the possible constitutional role the European Court of Justice could play in "developing jurisprudence". In conclusion, the Union's crisis of legitimacy is attributed to the fact that citizens are not involved in the integration process, which hinders integration and prevents any prognosis about what will happen in the future.

(NDu)

*** JOHN ERIK FOSSUM, JOHANNE POIRIER, PAUL MAGNETTE (Editor): The Ties that Bind. Accommodating Diversity in Canada and the European Union. Interuniversitaires Européennes / Peter Lang publishers (1 av. Maurice, B-1050 Brussels. Tel: (41-32) 3761717 - fax: 3761727 - E-mail: info@peterlang.com - Internet: http://www.peterlang.com ). "Canadian Studies" series, No. 16. 2009, 362 pp., €34.90. ISBN 978-90-5201-475-3.

This book was inspired by a conference in Brussels in 2005 that brought together more than thirty Canadian and European scientists from fields as diverse as law, political science, philosophy and sociology. They sought to explore the challenges posed by managing diversity and understanding the elements that maintain increasingly complex entities together, such as Canada itself and the European Union. This is particularly the case for the latter, which is not technically a state but which, nonetheless, pursues similar goals, such as bringing together and ensuring respect for democratic principles whilst scrupulously ensuring that there is no encroachment on the cultural and political specificities of its constituents who wish to protect their autonomy and differences. Canada is confronted with a similar problem with its different linguistic communities, which have not ruled out the possibility of secession, without disregarding its history as a host country built on immigration. This book provides a trans-Atlantic analysis of methods employed by these two entities to integrate the disparities existing within them. The authors also seek to identify possibilities of new kinds of democracy and constitutional patriotism as ways of helping resolve the problems encountered

(NDu)

*** HUGO CYR: C anadian Federalism and Treaty Powers. Organic Constitutionalism at Work. Presses Interuniversitaires Européennes / Peter Lang (see address attached). "Diversitas" series, No. 2. 2009, 305 pp, €26.90 ISBN 978-90-5201-453-1.

Although international law was, in the past, a sort of law established between different countries and exclusively involved relations between them, increased mobility and interdependence brought about by globalisation, which has intensified within the interior of these very states, is subsequently being transformed into a kind of trans-governmental law. This presents a number of previously unknown challenges within countries that have a high degree of unity. These problems are even more acute for federations in which power is shared between a central government and federated states. Québec illustrates this phenomenon very accurately: it is part of a federation but is not a state, even though it fulfils some of these criteria. It is also deeply involved in relations between other states or non-state actors and subsequently assumes a role on the international scene in a way that is broadly autonomous of the central government. This specificity is due to the Canadian Constitution, which was not a formal act established by the Canadian Parliament to break with the old order but rather, an annex to British statutes developed from negotiations that were, according to the British tradition, lengthy, precautionary and pragmatic. Given that the provinces have always sought to keep their autonomy, this has created a federation where rules governing external policy are not clearly (or indeed not at all) defined, which leaves a lot of room for debate. Hugo Cyr, a lecturer in public law and legal theory at the University of Québec, looks at the uniqueness of the Canadian federation to highlight several factors to take into account in the distribution of powers within a federation whereby its constituents retain a certain room for manoeuvre. Firstly, he illustrates the lengthy process of independence and its specificities. He then examines, in light of Canadian constitutional law in force, the capacity to develop treaties. In so doing, he reveals that although the federal government possesses this power, it is because the provinces implicitly grant it them even though they themselves maintain this power at an international level. After having examined the legality of these practices in relation to Canadian constitutional law and international law, Hugo Cyr analyses the process for implementing treaties within the Canadian federation, as well as the arguments of those that seek to remove this facility from the provinces.

(NDu)

*** Fedechoses… pour le fédéralisme, depuis 1973. Presse fédéraliste (Maison de l'Europe, 18 av. Félix Faure, F-69007 Lyon. Internet: http://www.pressefederaliste.eu ). 2009, No. 144, 28 pp. €3. Subscription: €15.

The illustration contained in this most recent issue from the still cutting and combative federalist publication shows us a José Manuel Barroso escaping from an oil lamp under, entitled, "The wicked genie of intergovernmental Europe… ". More seriously, José Bové and Daniel Cohn-Bendit call for "Europe's democratic relaunch” and another article poses the following question, “And if we tried the democratic Road again?" Other articles draw certain federalist lessons from the most recent European elections, which particularly exemplify the rise in power of the sovereignists, which Jean-Pierre Gouzy says will sooner or later require a rallying of federalist forces at the European Parliament.

(MT)

*** Le Courrier de l'Europe. Office de Publications Européennes (68 Bld de Port Royal, F-75005 Paris. Tel: (32-496) 380297 - Email: bruno.boissiere@cife.eu). May and July 2009, 38 pp..

This beautifully written European publication came out earlier this year and is already in its second issue. It was devised in collaboration with the International Centre for European Training and its Editor-in-Chief in Brussels is no other than former MEP Bruno Boissière who is active in the organisation founded by radical federalist Alexandre Marc. On each occasion, a "Dossier" focuses on an individual theme. In the first issue it was about how to get the message about Europe across to citizens (it also featured an interview with vice-president Wallström). In the second issue it deals with the urgent problem of transport and provides the reader with an insight from Commissioner Tajani and the president of the European Investment Bank, Philippe Maystadt. Many MEPs also feature in the publication.

(MT)

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