EU Law Blog

Cacophonic outpouring on globalization

Deepak Lal (when does he get a Nobel Prize ?) complains in his wonderful recent book "Reviving the Invisible Hand: The Case for Classical Liberalism in the Twenty-First Century" of:

the cacophony of outpourings on globalization by sundry sociologists, philosophers, and political scientists as well as some economists" (p. xi)

And here's a prime specimen of such an outpouring from the Commission in its Communication entitled "The European Interest: Succeeding in the age of globalisaton" which is a "contribution to the October Meeting of Heads of State and Government". Here's an extract (reproduced exactly, with no attempt to sort out the grammar and style):

The EU must be in a position to present to citizens with a compelling vision of how a global Europe is adapting to new needs while protecting their interests, reforming its economic and social governance to ensure continuing prosperity, solidarity and security for the next generation as well as today's citizens. Meeting challenges of this scale can only be done effectively by making the most of the partnership between Member States and the EU level. Active involvement and a sense of stronger ownership by all actors are prerequisites for a successful Lisbon strategy. It will require a concerted commitment to engage in a capable and responsive communication strategy with EU citizens.

That surely makes you want to read the rest, doesn't it ?

Life of a European Mandarin by Derk-Jan Eppink

If you want a fun but informative introduction to the workings of the European institutions, then get a copy of "Life of a European Mandarin" by Derk-Jan Eppink.

A friend passed it on with a smile. It is definitely something to smile about: The author writes with a rare sense of humor. Above all it is full of insights as to how the Byzantine European bureaucracy actually works.

In short, it is a brilliant introduction to EU politics....and law-making.

It is not easy to find, though. Published by a Belgian publisher, Lannoo, ISBN 978 90 209 7022 7.

Procedural law of the European Union

Just received the second edition in English of "Procedural Law of the European Union" by Judge Koen Lenaerts, Dirk Arts and Ignace Maselis. The work is edited by Robert Bray.

And a fine book it is too.

It is a 600 page text on the EC Courts, the procedure and the different forms of action. And carefully footnoted too. One could quibble with one or two minor points and it is a pity that the chapter on the action for damages does not really discuss much liability in the event of a lawful act which we noted here. Instead, the chapter concentrates on liability in the event of an unlawful act and only mentions the possibility of liability for a lawful act briefly on page 385. There was doubtless no time to cover the point more fully before the manuscript had to be turned in. But that is a very minor point.

So whether you are a practitioner, a student or general observer of the Court of Justice and the Court of First Instance, you need that book.

It is published by Thomson, Sweet and Maxwell, ISBN 0 421 94700 4.

Judicial Discretion in European Law on Conflicts of Jurisdiction by Jacco Bomhoff

Do you believe in angels ? We were skeptical, quite frankly, until one appeared and placed a copy of "Judicial Discretion in European Law on Conflicts of Jurisdiction" by none other than Jacco Bomhoff. Yes, that Jacco Bomhoff of Comparative law blog.

And what a terrific monograph it is too. It goes right to the heart of one of the most interesting and difficult problems in modern European conflicts of jurisdiction : How to reconcile the principles of certainty and predictability with an efficient and just allocation of judicial resources in individual cases ?

The Brussels Convention and Regulation 44/2001 endeavor to create a fairly predictable and uniform set of rules for determining the competent jurisdiction in civil and commercial disputes in the EC. It does so by limiting the possible number of competent fora in any given case and having relatively strict rules on lis pendens. Mechanisms such as forum non conveniens (see Case C-281/02 Owusu) or anti-suit injunctions (see Case C-159/02 Turner v. Grovit have no place in that scheme of things. The result is a rigid system.

Jacco Bomhoff's beautifully researched monograph explains and evaluates the system created. It then examines how national jurisdictions have coped and in some cases worked around the rigid set of rules imposed on them. It's comparative law as it should be.

Although actually a little under 100 pages long, the book is packed full of insight and ideas. It is well written too.

The only problem is that the book is difficult to get hold of (unless a serendipitous angel comes your way). A search through the Dutch publisher's online catalogue yielded no result. Probably the best is to email the publisher at boekhandels@sdu.nl and quote ISBN 9054094923. If you manage to find a copy, you'll be really pleased when you read it.