*** RONALD HOLZHACKER, ERIK ALBÆK (Eds.): Democratic Governance and European Integration. Linking Societal and State Processes of Democracy. Edward Elgar Publishing Ltd (Glensanda House, Montpellier Parade, Cheltenham, Glos GL50 1UA, UK. Tel: (44-1242) 226934 - Fax: 262111 - e-mail: info@e-elgar.co.uk - Internet: http://www.e-elgar.com ). 2007, 278 pp. ISBN 978-1-84542-448-0.
Many people ask how multi-level governance under supra-national institutions, particularly the European Union (which has a particularly strong level of integration among its member states and also has greater 'body'), impacts on democratic legitimisation processes. While democratic representation in the EU is a question which is frequently raised, most books and speakers discuss the infamous topic of 'democratic deficit' from the starting point that the deficit is located at EU level itself and the EU institutions. This book, however, looks at the issue in a different way. /he editors write that while it is of course necessary to query democratic representation at EU level, the effect of this multi-level governance should also be studied in terms of the democratic processes within the EU member states.
With contributions from more than a dozen researchers from all four corners of Europe, this book starts off by empirically studying how this multi-governance impacts on national democracy both in terms of state processes (electoral representation, control of the legislative over the executive, etc.) and at societal level (the role of the media, the role of interest groups, etc.). It also tries to gauge the impact in the light of the law - a delicate exercise given that there is such great disagreement over the criteria that should be used to assess the democratic qualities of a body as unusual as the European Union and the impact on the member states, as political scientists Erik Albæk (University of Southern Denmark) and Ronald Holzahacker (University of Twente) point out. What should be understood by 'democratic processes'? The two editors understand it as meaning processes that give "the chance for the people to be informed, to understand and to have their voice heard. The chance to have effective and responsible steering of EU policies" and "the chance to hold public officials accountable for their actions". As the book shows, the impact of Europeanization of the political and national state processes can be quite direct, like the creation of interfaces with the European Union in areas like political differences and democratic legitimisation. That said, the book does not restrict itself to analysis of state processes but also looks at connections with societal elements like the written media in order to get a better idea of key democratic factors like the formation of public opinion, the representation of interests and parliamentary control.
The book starts with these societal factors through an empirical study carried out at the time of the 1999 European elections in the fifteen EU member states of the time, which shows the role played by European information in the media and the way it is dealt with. Another essay shows how the media prefer to have recourse to national experts to explain European affairs, while other essays look at the impact of European integration on national parties. The second part of the book studies state processes. Tanja Börzel (Free University of Berlin) and Carina Sprungk (University of Victoria in Canada) ask whether "the Europeanization of national decision-making undermines one of the core mechanisms for ensuring democratic representation and legitimacy in he nation-state - the horizontal and vertical division of power". Other contributions study the institutional changes brought about by joining the EU and the role of national parliaments as conveyors of democracy and government control in international and European negotiations. The book also provides more in-depth studies into parliamentary controls in various countries which take different approaches and make use of different practices, namely Denmark, Spain, the United Kingdom and Poland.
Although the authors take a humble approach and note that their conclusions are not necessarily to be taken at face value and should be subject to further research, the book sheds light on facts which one would not question at first sight like the loss of power experienced by regional bodies in the Europeanization process and the ability of some small parties to take advantage of the European elections. This collection of essays clearly provides a raft of useful information on various aspects of democratic life in the European Union which tend to be left off the radar screen.
Frederik Ronse
*** GIULIANO AMATO, JACQUES ZILLER: The European Constitution. Cases and Materials in EU and Member States' Law. Edward Elgar Publishing Ltd (see above). 2007, 318 pp.
ISBN 978-1-84720-129-4.
The signing of the Lisbon Reform Treaty clearly came as a great relief to European politicians, but the ins and outs of the birth and death of the original constitutional treaty remain an interesting starting point for many studies of the European Union. It is with this viewpoint in mind that Giuliano Amato - vice-chair of the European Convention and former Italian prime minister - and Jacques Ziller - professor at the European University Institute in Florence - have produced a collection of texts debated during the ratification of the constitution in Florence in 2005, along with other, more recent, documents like sections of the Presidency conclusions of June 2006. The texts all come from official documents (Convention working groups' conclusions or from the French constitutional council, legislation from national parliaments, etc.) but also books written by writers like Bruno Dewitte, Piet Eeckhout, Charlie Jefferie and many others. With nine chapters, each starting with a brief introduction, the book starts with a panorama of the ratification process before looking in greater detail at progress and innovations that the constitutional treaty would have been introduced. The book provides a mass of information that will be of interest to students and researchers in the field. (FRo)
*** EVA NIETO-GARRIDO, ISAAC MARTÍN DELGADO: European Administrative Law in the Constitutional Treaty. Hart Publishing (16C Worcester Place, Oxford, OX1 2JW, UK. Tel: (44-1865) 517530 - Fax: 510710 - e-mail: mail@hartpub.co.uk - Internet: http://www.hartpub.co.uk ). "Modern Studies in European Law", No. 12. 2007, 187 pp, £45. ISBN 978-1-84113-512-0.
At global level, some people see the EU system, with its necessary emphasis on the reconciliation of disparate and divergent legal systems, as a prototype of global administrative law, explains Prof. Carol Harlow in the preface. European law is, nevertheless, hugely complex, often having, as the authors explain, a degree of superfluous detail due to the reluctance of the Council and the European Parliament to give greater powers to the European Commission to implement policies. This complexity is clearly also found in administrative law, which Eva Nieto-Garrido and Isaac Martin Delgado study from the viewpoint of its simplification and in the light of the constitutional treaty and the Charter of Fundamental Rights. Why? Because these two texts illustrate a certain trend in favour of simplification by better reflecting the concept of decision and they can impact on both European and national administrative processes. Some chapters deal with the impact of law on 'good administration', access to documents and protection of personal data as stipulated in the Charter of Fundamental Rights. Other sections study shortcomings in legal protection and the way the writers of the constitutional treaty were planning to remedy them. The authors shed light on the constitutional bases of the European Union through the prism of the constitutional treaty. The bases could act as a foundation for future legislation on crucial aspects of the administrative procedure. (FRo)
*** PIET EECKHOUT, TAKIS TRIDIMAS (Editors): The Yearbook of European Law 2006. Oxford University Press (Great Clarendon Street, Oxford OX2 6DP, UK. Internet: http://www.oup.com ). "Yearbook of European Law" series, No. 25. 2007, 750 pp. £130 ISBN 978-0-19-921137-1.
As previously announced by Professor Takis Tridimas (University of London), this collectively written book that comes out every year "seeks to promote the dissemination of ideas and provide a forum for legal discourse in the wider area of European law". It is, therefore, not a compilation of legislative texts poached from the 2006 crop of European legislative production. On the contrary, its coordinators sought to bring together recent contributions analysing elements in legislation where a greater understanding is needed in order to provide clarity with regard to the dynamics at work in the Union, as well as to illustrate the weaknesses or strong points. For example, the first contribution tackles recent developments in law governing the European Central Bank and also reveals that decisions from the European Court of Justice on the Frankfurt bank's obligation to agree to inspections from the European Anti-fraud Office (OLAF) also contributed to clarifying its report on primary and secondary legislation in the Union. It gives an overview of the relationship between the independent supra-national institutions, to varying degrees, such as the Union and its Central Bank. Barto³omiej Kurcz and Adam £azowski pose the question of whether the directives and framework directives in the third pillar are simply two sides of the same coin which are currently being merged together. Several other contributions examine the national courts, while others tackle, for example fundamental rights or the role of the European Court of Justice, as an undeniable factor in the incompatibility between European legislation and the treaties signed between Member States and third countries, such as the "Open Skies" treaty concluded with the US. This Yearbook also includes a study into environmental laws passed in 2004 and 2005, as well as detailed examinations into relevant books.
(MEr)
*** DÖRTE DINGER: Zwischen Furcht und Bewunderung? Italienische Haltungen zur neuen deutschen Außenpolitik. Peter Lang (1 Moosstrasse, CH-2542 Pieterlen. Tel: (41-32) 3761717 - Fax: 3761727 - email: info@peterlang.com - Internet: http://www.peterlang.de ). "Italien in Geschichte und Gegenwart" series, No. 27. 2006, 158 pp, €31-80. ISBN 3-631-55715-9.
It was after a war of words in the European Parliament in July 2003 between the Italian prime minister of the time, Silvio Berlusconi, and the President of the Socialist Group of MEPs, German Martin Schulz, that the question of bilateral relations between Italy and the reunified Germany became the subject of clear public interest for a time. The author of this book, who studied politics, history and sociology in the two countries, explains the changing ideas underlying the questions that were raised. He starts by showing how bilateral relations between Italy and Germany have been transformed in the multilateral framework of the European Union but also how from the fall of the Berlin Wall and German reunification, attitudes, traditional perceptions and prejudices underlying the official positions have also changed. The methodology used attempts to show that diplomatic positions - which the author shows are more elitist in Italy than in many other European countries - are not only motivated by the other country with which one has diplomatic links but also by domestic power struggles which are strengthening or undermining the government. This is the spirit with which Dörte Dinger analyses firstly Italy's attitude from 1945 onwards, when Italy's support for a divided Germany was contingent on a strong left wing in Italy and the presence in Germany of many immigrant workers from Italy, whereas changes in cooperation within the European Economic Community gradually changed relations until reunification of the two Germanys allowed Germany to pursue new policies and raised questions in Italy that were not always properly understood. It is certainly the case that Italy's relations with the Kohl/Genscher and Kohl/Kinkel governments, from 1990 to 1998, were totally different from later relations with the Schröder/Fischer government from 1998 to 2005. Likewise, Germany views relations with Italy under Berlusconi totally differently from Italy under Prodi. The title of the book is revealing - 'Between Fear and Admiration?' The two countries will have to decide in the end whether their view of the other country will lead to competition or cooperation. Rich and revealing research. (GFr)
*** MARC LAFFINEUR: Budget de l'Union européenne pour 2008: vers la réforme d'ensemble du système budgétaire communautaire. Délégation pour l'Union européenne 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 ). "Documents d'information" series, No. 68. 2007, 63 pp., €3.50.
ISBN 978-2-11-122708-8.
Since the French and Dutch “no” votes on the constitutional treaty, the Union has experienced an institutional crisis for a number of months, which this French parliamentarian explains has concealed a problem that is just as serious: the budget crisis. In this context, 2008 could be a turning point, as it will mark the beginning of reforms of the whole Community budget system. This newsletter examines this issue and locates the draft budget for the 2008 tax year in this context, as well as the preliminary reflection work on budgetary reform. (TBa)