*** ETIENNE DE PONCINS: Vers une Constitution européenne. Texte commenté du projet de traité constitutionnel établi par la Convention européenne. Editions 10/18 (12 av. d'Italie, Paris XIIIe. Internet: http://www.10-18.fr ). "Documents" series. 2003, 528 pp. ISBN 2-264-03817-9.
This books comes as a real surprise ! Its subtitle is not encouraging and it is, in additional, published in the “Documents” series. We can therefore expect a legal-institutional commentary, as it already exists in different languages. Well, in fact, this is not the case. The author is neither a legal expert nor a university professor who examined the text in his office, but rather, a French diplomat who worked in the secretariat of the Convention, a small group of fifteen, which experienced eighteen months of the Convention at the side of Valéry Giscard d'Estaing and the Presidium. He attended meeting of the inner circle and informal discussions not open to Convention Members and he contributed to the drafting of the Constitution. Contrary to VGE himself, Jean-Luc Dehaene, Giuliano Amato and others: Etienne de Poncins did not feel linked to any “diplomatic reservations” about what he saw and heard. He sets about revealing aspects that are unknown or misunderstood from negotiations that could change the face of Europe.
Around forty pages of introduction, agile and lively, which recall the birth and objectives of the Convention, how it worked and what was at stake. But personal evaluations already indicating the “fascination” and attitude of VGE which is sometimes “tainted with hostility” towards some of the convention Members, a feeling that was transformed in the final phase of the work into both praiseworthy and admiring” words; the gradual arrival of the minister of foreign affairs, who, to begin with, “appeared to follow the Convention from afar”; the influence at the beginning of Mr Hain who, “with the support and efficiency of British diplomacy” raised the awareness of the Convention “to the theses and positions of his country” (but towards the end of the Convention, “the positions of the British became particularly defensive and distant from the general equilibrium at the Convention”); the efficacy of certain European parliamentarians, explicitly named; the gradual rise of the power of national parliamentarians, “very often more open and imaginative” than the representatives of their governments. There is much criticism, which can be shared or rejected of the European Commission (“the message delivered with skill and conviction by the Commissioner members of the Convention, Michel Barnier an Antonio Vitorino, was sometimes scrambled by the external positions of president Prodi”) or of the Spanish Convention Members who “very often expressed their national views” instead of reflecting the position of the group to which they belonged (a remark also made about Stuart from Britain and Bruton from Ireland). Secretary General Kerr receives much praise, tempered by the remark that this positions were “most often in support of positions defended by his British compatriots”
The commentary then follows of the texts (450 pages) whose sole objective is to provide an explanation and information. It does look at the essential passages on the Constitution and how the Convention finally reached the draft they decided to keep on the positions as a result of the pressures exercised in the different directions. Therefore, for example, readers will understand the affirmation according to which the Union is inspired by “cultural heritages, religious and humanist of Europe”, the point in which the quarrel developed on the Christian heritage and the definition of the “union of citizens and a union of States” (which raised so much dissention in the past) and which is now agreed on, together with all its political and legal implications. We also learn the reasons for keeping the denomination “European Union”. Four other names were mentioned: United States of Europe, European community, European Union, United Europe. The first was rejected as Europe could have looked like it was on the “bandwagon of the USA”; the second because Mr Hain explained that for British citizens it would appear to much like a well known football team (Manchester United).
Sometimes the author does not limit himself to explaining but also takes position. He asserts that “several observers considered that the composition of he Commission represented the least satisfactory part of the Convention's proposals” and describes the problems in a convincing way that leaves us to conclude that he is not an admirer of the formula decided on (he suggests what formula he would have preferred). In the same sense, the analysis of the texts on “strengthened cooperation” leads to the author giving us his opinion on several occasions, which he consistently supports with facts based on the detailed and sometimes fierce debates at the Convention Presidium.
The recension of a book does not constitute a summary. This is why I'll stop there and conclude that Mr de Poncins has produced a book that is not only illustrative but also historic. It is the first in the “history of the Convention”, written by someone who took part in it.
Ferdinando Riccardi
*** PETER NORMAN: The Accidental Constitution. The Story of the European Convention. EuroComment (113av. Louise, B-1050 Brussels. E-mail: Info@eurocomment.be). 2003, 406 pp. 35 euros. ISBN 90-77110-05-4.
Peter Norman is among those who followed the daily progress of the “Convention adventure” on the constitutional treaty of the Union, an adventure whose conquests are to this day in danger of being compromised. He meticulously describes the events, the breadth and uncertainties of its beginning to the phases of apparent stagnation and indifference, up to its conclusions in an almost universal enthusiasm, even among those (not all) who were at first critical or unconvinced. The author set out to write a clear and ideologically neutral book but admits that “I often thought how much easier my life would be if I tackled the themes of the Convention from an extreme europhile or euro sceptic or integrationist or non-integrationalist viewpoint”. He considers himself as a good European but “one who regrets many aspects of the European Union as it exists today”, which should not come as a surprise to those who are aware of the many years he has spent as a correspondent at the "Financial Times" in Brussels.
His excellent book follows the months of work of the Convention in its different configurations and components, its method, the group dynamic that was undeniably created between Convention Members from all shades, the role of the alliances between “Convention members" (particularly those very active members from his own country, the United Kingdom), the more and more assertive voice of "Convention Members" from the future Member States , the explosion of certain subjects that at the beginning had been ignored and finally, the overall result, a synthesis that warrants respect. This is both a chronicle that is rich in detail, peppered with anecdotes that will be of special interest to those involved, particularly those about the president of the Convention, Valéry Giscard d'Estaing but also those on the Convention Members, and an analysis of a new kind of political task. The book is also pleasant and easy to read, which corresponds to the wishes of its author. In this period of uncertainty, following the impasse of the IGC summit last December, it is an appeal to not throw these months of serious and passionate work in which so many people contributed in an unprecedented way, to oblivion. (MG)
*** En los Origenes de la Union Europea. Robert Schuman y Jean Monnet. Asociación para la Investigación y la Docencia Universitas et Comunidad de Madrid (Consejeria de Educacion). 2003, 93 pp. ISBN 84-607-8074-0.
This attractive album was put together at an exhibition in Spain on two of Europe's founding fathers, Schuman and Monnet, with help in particular, from the Jean Monnet Foundation, directed by Professor Rieben in Lausanne. It is a very energetic memento of the lives of these two great men, by way of official and well known photos, as well as those of a personal nature, accompanied by texts divided into three parts: on the lives of Schuman and Monnet, the period that ended with the Schuman Declaration in 1950 and the method that opened up the path towards European integration. The organisers of the exhibition point out in the introduction that for some of the members of the Universitas Association, Schuman and Jean Monnet were friends. They also stress the "humanity, and magnanimity of these men" (from the point of view of the victors of the Second World War), but also of men such as Adenauer and De Gasperi, from the defeated nations. The book is accompanied by paintings that have a symbolic significance: an open window by Chagall, the mountain of Sainte-Victoire by Cézanne (thirty oil paintings and forty five water colours, "still the same mountain but always new "), paintings by Klee expressing "the trend to unity in respect of each element " and several paintings by the American painter William Congdon which go back to the 1940s and beginning of the 1950s, the Schuman and Monnet years. (MG)
*** ANTONIO TIZZANO (Editor): Una Costituzione per l'Europa. Testi e documenti. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Tel: (39-2) 38089290 - fax: 38009582 - Internet: http: //http://www.giuffre.it ). "Il Diritto dell'Unione Europea" series. 2004, 492 p, 30 euros. ISBN 88-14-10692-4.
Whoever knows Italian sufficiently and is interested in the Constitution should buy this book. It has both current and historic value. In just one volume we find all the documentation on the work and results of the European Convention, documentation that is often so dispersed that the academics, legal experts, students and historians of tomorrow will be at risk of having to search for it in a number of different sources.
Judge for yourselves. Professor Antonio Tizzano, Attorney General at the European Court of Justice first of all looks at the declaration annexed to the Treaty of Nice, which launched the process for revising and simplifying the treaties; “the declaration of Laeken”, the birth of the Convention; the resolution of the European Parliament on the constitutional process (29 November 2001); the communication from the European Commission on the future of the Union. The second chapter contains a lot of useful data on the Convention: the list of Members (in the final phase, current changes being developed are not indicated); composition of the presidium and rules on funding. This chapter also contains lists of work groups, with the names of those presiding them and the reports they produce, which had a decisive influence on the work of the Convention but which have never been included in a single document. An even more difficult job was bringing together the results from the “discussion circles” on the work of the Court of Justice, budgetary procedures and own resources, published in the fourth chapter. The fifth book includes the integral text of the draft constitutional treaty, with annexes, reports from Valéry Giscard d'Estaing at the Council (including the little known draft of the “sovereignists” who opposed the consensus adopted draft). The final chapter focuses on the opinion of the European Commission and the European Parliament resolution on the draft.
In its introduction (42 pages), Antonio Tizzano underlines the essential elements of the draft constitutional treaty and indicates a need for cautious evaluation. He asserts that, "Once again, the implementation and development of the system are confined more to the practice and the dynamic of the process than to the texts (often more generous than the texts themselves). Instead of drastic and definitive judgements, significant caution is needed in the assessment of the Convention results and their repercussions on the perspectives of Community construction”. This is a very wise warning in light of developments at the Intergovernmental Conference supposed to approve the Constitution.
(FR)
*** SERGIO P. PANUNZIO (Editor): I costituzionalisti e l´Europa. Riflessioni sui mutamenti costituzionali nel processo d´integrazione europea. Giuffrè Editore (40 via Busto Arsizio, I-20151 Milan. Internet: http: //http://www.giuffre.it ) et Luiss Edizioni (Libera Università Internazionale degli Studi Sociali). 2002, 798 p., 56 euro. ISBN 88-14-09778-X.
At least thirty major themes of the European constitutional debate are tackled in this volume, which result from a series of academic symposia organised by the Faculty of Law at the Guido Carli International Free University of Social Sciences between 1999 and 2001. It is a shame that this book does not contain the discussion held in the framework of the European Convention but it does provided a vast panorama of academic reflections focusing on a future European constitution in light of the Treaties of Amsterdam and Nice, as well as the elaboration of the Charter of Fundamental Rights.
(PB)
*** PATRIZIA VIPIANA: Il principio della sussidiarietà "verticale". Attuazioni e prospettive. Giuffrè Editore (see address attached). "Università degli Studi di Genova, Pubblicazioni della facoltà di scienze politiche, serie giuridica" series, No. 17. 2002, 490 p., 39 euros. ISBN 88-14-09859-X.
The subsidiary principle in a political context is examined in this academic book by Italian political scientist Patrizia Vipiana. Following a number of terminological definitions and brief presentations of subsidiary in the European Union in the USA, Switzerland, Austria, Germany, Belgium, Spain, Portugal, France and the United Kingdom, the major part of the study focuses on relations between the central state and the regions, provinces and boroughs in Italy. The book looks at the real implications of the principle of subsidiary and will be of interest to those who seek a more detailed analysis in light of specific examples. (PB)
*** La COMMISSION EUROPEENNE (Official Publications Office of the European Communities, L-2985 Luxembourg. Internet: http: //publications.eu.int) has published the following documents:
*** Inforegio panorama. DG Regional Policy, "Information et Communication" Unit(41 av. de Tervuren, B-1040 Brussels. Fax: (32-2) 2966003 -Internet: regio-info@cec.eu.int). December 2003, 16 p..
This issue begins with an interview with Wolfgang Teifensee, President of Eurocities and Mayor of Leipzig. In it Teifensee explains his vision of the place of towns in the policies of the European Union and appeals for them to be given a central role in the next structural funds programme. The review also underlines, a year after the creation of the European Union Solidarity Fund (EUSF), the need for consolidating European cohesion in face of natural disasters. Other subjects tackled include developments following the seminar on “Competitive Regions, Encouraging Better Practices”, as well as the presentation of an accession country, Hungary, accompanied by an interview from its minister of European affairs, Mr Endre Juhász.
*** Liaisons sociales Europe. Groupe Liaisons (1 Avenue Edouard-Belin, F-92500 Rueil-Malmaison. Tel: (33-825) 825371 - fax: (33-1) 44722027 - Internet: http//: http://www.ls-europe.com ). December 2003, n° 93, 8 p., 31 euro. Subscription: 757.58 euros.
The first page of Liaisons sociales focuses on the draft regulation for the coordination of social security legislation, a draft that has been the focus of negotiations since 1999 and which the Fifteen have recently finalised the revised text. The review also presents five points outlining the emergency action outlined by the Employment Task force in its report of 26 November. This report also insists on the need for fining a balance between flexibility and security of employment. This publication demonstrates that this balance will certainly come a cropper in Italy where labour market reform initiated by the government will leans quite clearly to flexibility. The “social” flexibility programme for 2004 by the Commission is also presented..
***Politica Exterior. Estudios de Politica Exterior SA (6 Padilla. E-28006 Madrid. Tel: (34-91) 4312628 - fax: 5777252 - E-mail: revista@politicaexterior.com). November - December 2003, n° 96, 192 p. 10,50 euros. Subscription: 87 euros.
The USA gets a mention in a number of contributions in Politica Exterior. In articles looking at power, its limits and the consequences of imbalances within it in the world. These issues were also looked at in the contribution on Iraq and those looking at war on terror and its impact on human rights, hegemony, weapons of mass destruction and lies about them. Other contributions focus on Europe and its institutions.
***Economia Exterior. Estudios de Politica Exterior SA (6 Padilla. E-28006 Madrid. Tel: (34-91) 4312628 - fax: 5777252 - E-mail: revista@politicaexterior.com). 2003/2004, n° 27, 166 p. 13 euros. Subscription: 66.50 euros.
This publication analyses the situation in Brazil, a model of solid functioning democracy in Latin America a year into the presidency of “Lula” Luiz Inácio da Silva. The authors of this publication look at the place of the country in Latin America, its relationship with Spain and its economic performance and social structure after the reforms of 2003.
***Les nouvelles du GRIP. European Institute for Research and Information into Peace and Security (33 rue Van Hoorde, B-1030 Brussels. Tel: (32-2) 2418420 - fax: 2451933 - Internet: http://www.grip.org - E-mail: admi@grip.org). 4the quarter 2003, No. 30, 8p..
Bernard Adam, director of GRIP, appeals for Europe not to become a military power, or rather not become a militarist power. His starting point is “the strategic concept” for the European Union, headed by Javier Solana, and the calls for strengthening military options, by those such as Bernard Adam, who highlights the double role of military capability. He explains that their first function is to ensure the defence of the EU and in this framework, certain restructuring will be needed in order to adapt European forces to the new risks, as well as reducing its costs. Their second role is its external missions and GRIP points out that the objective of Europe is to become a “tranquil power” and not an “empire”. This means taking priority action on the deep causes of current tension and to initially use the non military tools which Europe has at its disposal.