The Impact of EU Law on the Regulation of International Air Transportation – By M. Bartlik

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Book Reviews Europeanization: New Research Agendas, edited by P. Graziano and M.P. Vink (Basingstoke: Palgrave Macmillan, 2007, ISBN 9781403995353); xii+419pp., £65.00 hb. This book is a challenging project covering an overview of conceptual, theoretical, methodological and empirical aspects of the Europeanization research agenda. It shows that this area has matured considerably since the late 1990s, but nevertheless various contributions emphasize that there is still much to be done. This project therefore does not limit itself to providing an extensive overview of the state-of-the- art. It gives considerable attention to the gaps in current research and uses this to provide suggestions for further study. The handbook covers a great deal. In order to ‘satisfy a growing “encyclopaedic” desire’ (p. 6) it consists of 25, relatively short, chapters. These include four theory and methods chapters, nine politics and polity chapters and ten policy chapters. These were all written anew for this occasion by an impressive list of 29 (mostly) renowned scholars from the fields of international relations, EU studies and comparative poli- tics. Each chapter has the same outline – introduction, core research questions, key problems and conclusion – which makes it a very clear and comprehensive handbook. The problem remains that Europeanization is a contested concept. In the conclud- ing chapter Lehmkuhl suggests it is not possible to provide a static idea of what Europeanization entails: ‘the concept of Europeanization is better understood as a living concept that evolves over time and allows for alterations’(p. 340). As a result, any project will have problems with including ‘the variety and richness characterizing Europeanization research’ (p. 338). The editors argue it has been their intention to provide a critical overview. One of the main problems with Europeanization research is that until now it has been mostly restricted to small-N and based on thick description (pp. 16–17). This limits com- parison and creates problems of generalizability. It is therefore argued that Europe- anization has not moved away from concept to theory. However, for example, Haverland’s chapter shows that recently this is changing. There are more comparative case studies and statistical research and the research area is opening up for multiple strategies. But also important, Europeanization research starts to cover more disci- plines. Despite the fact that this draws attention to common problems of European- ization studies, it fails to apply adequate solutions. Nevertheless, by pointing out the potential and the pitfalls of Europeanization research, the handbook provides a comprehensive contribution to the Europeanization literature. BARBARA BRINK University of Strathclyde JCMS 2008 Volume 46. Number 2. pp. 477–495 © 2008 The Author(s) Journal compilation © 2008 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA

Transcript of The Impact of EU Law on the Regulation of International Air Transportation – By M. Bartlik

Book Reviews

Europeanization: New Research Agendas, edited by P. Graziano and M.P. Vink(Basingstoke: Palgrave Macmillan, 2007, ISBN 9781403995353); xii+419pp.,£65.00 hb.

This book is a challenging project covering an overview of conceptual, theoretical,methodological and empirical aspects of the Europeanization research agenda. Itshows that this area has matured considerably since the late 1990s, but neverthelessvarious contributions emphasize that there is still much to be done. This projecttherefore does not limit itself to providing an extensive overview of the state-of-the-art. It gives considerable attention to the gaps in current research and uses this toprovide suggestions for further study.

The handbook covers a great deal. In order to ‘satisfy a growing “encyclopaedic”desire’ (p. 6) it consists of 25, relatively short, chapters. These include four theory andmethods chapters, nine politics and polity chapters and ten policy chapters. Thesewere all written anew for this occasion by an impressive list of 29 (mostly) renownedscholars from the fields of international relations, EU studies and comparative poli-tics. Each chapter has the same outline – introduction, core research questions, keyproblems and conclusion – which makes it a very clear and comprehensive handbook.

The problem remains that Europeanization is a contested concept. In the conclud-ing chapter Lehmkuhl suggests it is not possible to provide a static idea of whatEuropeanization entails: ‘the concept of Europeanization is better understood as aliving concept that evolves over time and allows for alterations’ (p. 340). As a result,any project will have problems with including ‘the variety and richness characterizingEuropeanization research’ (p. 338).

The editors argue it has been their intention to provide a critical overview. One ofthe main problems with Europeanization research is that until now it has been mostlyrestricted to small-N and based on thick description (pp. 16–17). This limits com-parison and creates problems of generalizability. It is therefore argued that Europe-anization has not moved away from concept to theory. However, for example,Haverland’s chapter shows that recently this is changing. There are more comparativecase studies and statistical research and the research area is opening up for multiplestrategies. But also important, Europeanization research starts to cover more disci-plines. Despite the fact that this draws attention to common problems of European-ization studies, it fails to apply adequate solutions. Nevertheless, by pointing out thepotential and the pitfalls of Europeanization research, the handbook provides acomprehensive contribution to the Europeanization literature.

BARBARA BRINKUniversity of Strathclyde

JCMS 2008 Volume 46. Number 2. pp. 477–495

© 2008 The Author(s)Journal compilation © 2008 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148,USA

Making European Citizens: Civic Inclusion in a Transnational Context, edited by R.Bellamy, D. Castiglione, and J. Shaw (Basingstoke: Palgrave Macmillan, 2006, ISBN0333973771); 288pp., £52 hb.

Following the rejection of the EU constitution by French and Dutch citizens, theEU has ‘enjoyed’ a difficult 50th birthday. In such a context a book exploring thepotential for the development of EU citizenship is extremely timely. Bringingtogether an impressive collection of contributors, this edited volume looks atthe prospects of the EU developing citizenship in the broadest sense of the word.It begins with a helpful thematic chapter, which sets out three different schoolsof thought: a liberal (rights-based) account of citizenship; a communitarian(belonging-based) form; and a republican (participation-based) form. This frame-work is then used to organize the book, looking in Part 1 at EU-level electoralrights, affectedness and constitutional change and in Parts 2 and 3 at ways in whichdifferent ‘institutional settings’ such as transnational parties and NGOs and localgroups and civic associations can help to overcome the gap which exists betweenthe EU and its citizens.

Given the authors’ acknowledgement of the ‘limited opportunities’ for the devel-opment of European citizenship, the book as a whole focuses on the ‘numerousstrategies for civic involvement and empowerment’ which exist within the present EU(p. 18). As a result of this, the book is perhaps understandably pessimistic about theprospects in both the near and mid-term future, returning in Part 4 to offer some moreprescriptive discussion about the best way forward for the EU, with an interestingdifference of opinion over whether the EU level (Chapter 11) or national level(Chapter 12) is the most appropriate way forward. As a result of this, the book’s realstrength lies in its ability to inform, and contribute to, debates about participation,identity formation and representation in the EU rather than being of interest only tothose with a specific interest in citizenship. Thus the book deserves a much wideraudience than that implied by its title.

Yet, arguably, the book could more clearly and explicitly reflect on citizenship,perhaps through editorial encouragement for individual chapters to engage moreexplicitly with the typology offered within Chapter 1, particularly given that many ofthe contributors do offer insights that could be readily framed in this way. In theabsence of this – and acknowledging the difficulties of doing so within an editedcollection – the book would enormously benefit from a conclusion which returned tothis typology, setting out clearly how the different contributions help us to understandmore fully the variable development of liberal, communitarian and republican formsof citizenship.

Overall, this is a genuinely informative book, which helps to enhance our under-standing of the obstacles to participation, representation and identity formationwithin the EU. As such it comes highly recommended.

NICK ROBINSONUniversity of Leeds

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Creating European Citizens, by W. Maas (Plymouth: Rowman & Littlefield, 2007,ISBN 9780742554863); ix+179pp., £15.99 pb.

Maas’s book provides a clear description and thoughtful analysis of the history ofEuropean citizenship from the Treaties of Paris and Rome in the 1950s until thepresent phase of European integration marked by the debate on the EU constitution.An examination of the rise of European citizenship enables a better understanding ofthe political nature of the European project. Contrary to the majority of works onEuropean integration, which focus on how it realizes the economic interests of states,Maas argues that European political development is a manifestation of the drive tocreate not only a free trade zone but also a community of people.

Citizenship defines who we are and how we act politically. That means that in thecontext of Europe, debates on European citizenship are debates about the very natureof the political community the European Union represents. Maas is absolutely rightin arguing that free movement of people is a foundation upon which the entireconstruction of European rights has been built. Moreover, free movement rights forworkers launched the process of European political integration and the further devel-opment of European rights is essential to the project of integration itself.

According to the author, European citizenship dramatically changes the role andposition of states traditionally defined in terms of insiders (citizens) and outsiders(foreigners). He claims that Union citizenship supercedes this distinction by remov-ing the ability of European states to discriminate between their own citizens and thoseof other Members States. As a result European citizenship is to be a manifestation ofradical rupture with the historical tradition of state sovereignty, which is speciallyevident in the area of the free movement of people.

However, the later parts of Maas’s book suggests that he is too optimistic aboutthis issue. Because of the position of some Member States, there are several catego-ries of European citizens, or people who should be recognized as Union citizens, whocannot fully enjoy the right of free movement, which is a core of European citizen-ship. New Member States (with the exception of Cyprus and Malta) which joined theEU in 2004 and 2007 are deprived of the right of free movement for a maximum ofseven years in most of the old Member States, although many studies predicted thatfew people would move from accession states to existing Member States afterenlargement. Moreover, according to the directives of 1990 and 1993, retired persons,students and economically inactive citizens of the EU cannot fully enjoy the right offree movement and residence because they have to meet certain economic criteriaestablished by a host Member State. Also, despite the fact that in 2003 the EUadopted a directive on the status of long-term resident third-country nationals, someMember States are still reluctant to grant them resident status after five years con-tinuous legal residence which fosters their free movement within Europe. It meansthat Maas is not right in arguing that European citizenship removes the ability ofEuropean states to discriminate between their own citizens and those of other EUMember States (p. vii). Because Union citizenship by definition is based on nationalcitizenship and thanks to certain provisions envisaged within EU law, states stillpreserve the ultimate authority to decide who can be a European citizen and who can

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enjoy the right of free movement. As a result the old distinctions between insiders andoutsiders still prevail, which signifies that we still live in a Europe of states rather thanin a Europe of people.

STANISŁAW KONOPACKIUniversity of Łódz

Legal Responses to Trafficking in Women for Sexual Exploitation in the EuropeanUnion, by H. Askola (Oxford and Portland Oregon: Hart Publishing, 2007, ISBN1841136506); vii+218pp., £35 hb.

In this fluidly written contribution to studies on EU justice and home affairsco-operation, Askola examines the desirability of the ‘comprehensive approach’ foraddressing trafficking of women for sexual exploitation and the extent that the EUlegal framework is capable of implementing it. The comprehensive approach isdefined here as a three-pronged strategy consisting of ‘prosecution, protection, andprevention’.

Askola argues that although the EU and its Member States conceptualize traf-ficking in women broadly within the framework of border control and criminaljustice, subtle differences can be noted with regard to their perception of prostitution.Taking the Netherlands, Sweden and Italy as case studies, she explains that the Dutchsee prostitution as ‘work’ and regulates it as such. Comparatively, Sweden condemnsprostitution on moral grounds and criminalizes both customers and providers. In Italyprostitution is officially prohibited, but regulated and tolerated in practice. Conse-quently, the EU does not have an official position on prostitution, but the EuropeanCourt of Justice has ruled that EU nationals may exercise free movement as sexworkers if the destination Member State permits its own nationals to work in suchcapacity.

Despite their different viewpoints, all three Member States criminalize migrantprostitutes who are third-country nationals; it is this understanding that has informedand framed the EU approach towards trafficking of women for sexual exploitation.Therefore, even though the EU has adopted a directive that may provide victims oftrafficking with temporary residence permits – in exchange for their co-operation inprosecuting traffickers – Askola remarks that this does not truly address the under-lying issues behind trafficking; it only (temporarily) removes the victims out of‘circulation’. She concludes that the current EU practice and thinking towards traf-ficking severely limits the possibility that it can implement a balanced comprehensiveapproach.

Askola maintains that a truly comprehensive approach can come about if, in theshort term, Member States promote best practices and establish coherent priorities. Inthe long run, she advocates gender mainstreaming in all relevant policy areas sup-ported by sufficient funding for research, legislation and resource allocation. More-over, she argues that we must also question the market-driven ideology behindEuropean integration which has, thus far, emphasized the importance of economicfreedoms over social ones. To this end, she calls for (further) research on the‘demand’ side of prostitution, namely the customers who purchase these services. In

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elaborating her arguments, she also compels us to question the utility of feministperspectives in terms of policy formulation for prostitution and trafficking.

An engaging volume that demands the attention of practitioners and academicsalike, Askola succeeds in teasing out the complexities between trafficking of womenfor sexual exploitation and diverse policy areas such as free movement, migration,criminal justice and development.

MENG-HSUAN CHOUUniversity of Cambridge

European Politics, edited by C. Hay and A. Menon (Oxford: Oxford UniversityPress, 2007, ISBN 9780199284283); pp. xv+457, £22.99 pb.

What is most commendable about this edited collection on politics in Europe is itscomprehensive coverage of critical issues presented through the thematic lenses ofglobalization, European integration and democracy. Its aims are to provide a basicknowledge of individual European states through taking account of not just thenational, but also the comparative, regional and global factors shaping Europeanpolitics.

It proceeds to achieve these aims through four separate but nevertheless themati-cally linked sections. Part I of the book provides an overview of the political andinstitutional practices of individual states in Europe and the EU (or groups ofmembers). Part II of the book then engages with the political dynamics within Europeand is comparative in nature insofar as it utilizes information on specific countriesprovided in Part I to illustrate these dynamics. Part III continues this comparativetheme, but within a policy-specific context. It locates the growth and evolution of keypolicy sectors (one example is economic management) in their national, EU andbroader European context, with the main aim of demonstrating continuity and changeacross these policy sectors. Part IV then goes on to consider the external projectionof the EU in terms of enlargement, its external economic relations and the EU–USrelationship. The final chapter in this section by the editors draws the various threadsof the preceding analytical chapters together under the three common themesprovided at the outset.

The main shortcoming of the book for this reviewer is that it does not really doenough justice to the claim that it covers not just Western, but Central and EasternEuropean countries. There is a single chapter that groups the latter countries together(Chapter 9), and whilst this is understandable given the issue of space, it is never-theless disappointing given the historical, political and cultural diversity in thesecountries and the varying impact that they have had individually and collectively onEU and European politics: it would have been good to see this in more detail giventhe general lack of coverage in comparative texts. In addition, whilst the introductorychapter recognizes the complexity in defining a ‘Europe’ that is fluid and dynamic,the book might have benefited from more substantive discussion of European identity,and the debates surrounding what it is to be European and in Europe. On a relatedissue, several chapters in the volume allude very briefly to the wider Europebeyond enlargement and potential enlargement candidates (Chapters 9 and 21), but

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the countries of the ‘neighbourhood’ (and Russia in particular) and their politico-economic, security and cultural significance in shaping European politics, are largelyignored.

Overall the book is accessible and highly informative, and should certainly beincluded on the reading list of any introductory course in European politics. Intel-lectually, it alerts the reader to some of the most significant challenges facing Europeand will be extremely useful to the market that it is primarily aimed, that of students.It will also provide an excellent introduction to others that wish to understand Europeand its politics in a broader context. Pedagogically, the online resource centre will nodoubt be a useful accompaniment that will enhance the student learning experience,as will the chapter structures incorporating key points and questions, reading guides,web links and boxes highlighting key themes.

GEORGE CHRISTOUUniversity of Warwick

Towards the Completion of Europe: Analysis and Perspectives of the New EuropeanUnion Enlargement, edited by J. Roy and R. Dominguez (Miami: University ofMiami Press, 2006, ISBN 0963867873); 295 pp. np.

Following the admission of ten former communist states into the EU, scholarship onthe EU’s eastward enlargement has seen a remarkable growth. Joaquin Roy andRoberto Dominguez’s edited volume is a valuable contribution to this literature. The22 chapters of the book are organized in six parts and cover a wide spectrum of issuesrelating to the EU’s eastward enlargement: enlargement theory, citizenship, migra-tion, identity, minorities, the EU widening vs. EU deepening, the impact of the newmembers on the EU’s external policies, the political economy of enlargement, theenvironment and the challenges posed by Turkey’s membership application. Withmost chapters squeezed on little more than ten pages each, the authors are left withrelatively little room for in-depth analytical discussion and fully-fledged operation-alization of theoretically-rich research designs. Consequently, many contributionseither border on the descriptive, or they take a stab at theory but leave insufficientroom for the discussion of empirical findings.

If, however, the editors’ principal aim was to provide pointed insights of policyrelevance on the historical background and consequences of the EU’s decision toenlarge eastwards, rather than engage in competitive theoretical work, the book issuccessful. Most remarkable are arguments that challenge various journalistic andacademic foils. For example, Roberto Dominguez shows that rather than act asAmerican Trojan horses, East Europeans have been far from systematically disrupt-ing the EU’s common foreign policy, while Sebastian Royo’s comparative analysis ofthe Southern and Eastern enlargements reveals that EU membership tends to triggervirtuous circles of economic development only when appropriate public policy deci-sions are made at the domestic level. Against the popular argument that postcommu-nist Eastern Europe was homogenously steamrollered by the neoliberal policyparadigm, Christiane Lemke’s chapter on the effects of enlargement on social policyand Ramunas Vilpisaukas’s chapter on the EU and the political economy of the Baltic

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States argue that the new Member States both dissented from the neoliberal idealmodel on some issues (with more state regulation and status quo in welfare promo-tion) and aligned themselves to it on others (less direct state participation in theeconomy).

A no less useful category of contributions provides theoretical models for thinkingsystematically about the enlargement. For example, Frank Schimmelfennig upholdshis well-known case for the competitive testing of rationalist and constructivistmechanisms of international rule promotion with a wider (albeit rather sparselyelaborated upon) array of illustrations. Such invitations to theoretical pluralism are allthe more warranted as the trend to conflate Europeanization with policy condition-ality persists in the EU enlargement literature, a trend lavishly illustrated by severalof the chapters of this book. Finally, more than a third of the chapters consist ofattempts to systematize historical information and scholarly findings about enlarge-ment in largely descriptive narratives.

The book would have benefited from a conclusion drawing together its differentparts. Also, given that some chapters largely confirm the conclusions of previousstudies on enlargement, their authors would have strengthened the originality of theirwork by explicitly highlighting where they punctured the state of the art. Overall,however, policy-oriented students of enlargement will find in this book much usefulresearch material.

CORNEL BANUniversity of Maryland

The Impact of EU Law on the Regulation of International Air Transportation, by M.Bartlik (Aldershot: Ashgate, 2007, ISBN 9780754649519); xiv+273pp., £60.00 hb.

Bartlik’s book follows the completion of his PhD; the structure, content and approachsuggest that its roots lie firmly in his doctoral thesis. This is not to denigrate what isclearly a thoroughly researched work – 960 footnotes and a 20 page bibliography aretestament to that. This reviewer is an economist, albeit with an interest in aviation, butfound the legal content comprehensible and thought-provoking; points which mightappear esoteric to all but practitioners of international law (for example, interpreta-tion of the precise meaning of individual words in different language versions ofTreaties) are discussed in a manner that arouses wider interest. It stimulated contem-plation of how legal judgements and precedents influence economic policy andpractice, ultimately changing markets with implications for millions of consumersand workers.

The air transport sector has evolved hugely over the past 15 years, responding tothe deregulatory ideology and practices of states and institutions. Prices in real termshave fallen significantly and the range of services offered boomed; it is a liberaleconomist’s paragon. Bartlik’s book details one of the factors instigating this phe-nomenon, namely the breaking of the airlines’ oligopoly through legal processes andpolicy. Another major contributor, the rise of the internet and consequent weakeningof airline and agent powers is not covered, but that is another book. Chapters 3 to 5cover the impact of deregulation, or re-regulation as air transport is still a highly

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regulated sector, in Europe, other major domestic markets, and also between Europeand other regions. There is a wealth of accurate detail of different states’ approachesand their effects, though I feel little new is said. The final chapter considers the casefor extending (many already rest there) the EU’s competences to virtually all areas ofair transport policy, including the allocation of rights and negotiation of new agree-ments. It is a salient point as deregulation has delivered pretty much exactly what itwas supposed to, but increasing concerns, particularly over the environment andsustainability of air transport growth, may mean that laissez-faire gives way todirigisme. Surprisingly, Bartlik does not really consider the implications of allowingmarket forces to rule as far as possible; he is far more interested in who regulates andhow. But then, as I said, he is a lawyer, I am an economist.

This book is generally well-written, though in places it is clear that English is notthe author’s first language and final reading by a native English speaker would haveeliminated several irritating errors, for example, the plural of aircraft is not ‘aircrafts’.I criticized the last book I reviewed from this publisher for its many grammatical andtypographical errors; this is far better, but there are still enough to annoy. They reallyshould employ a decent proofreader.

PETER CULLENUniversity of the West of England

Beyond Varieties of Capitalism: Conflict, Contradictions, and Complementarities inthe European Economy, edited by B. Hancké, M. Rhodes and M. Thatcher (Oxford:Oxford University Press, 2007, ISBN 9780199206483); xv+378pp., £60.00 hb.

In 2001, Peter A. Hall and David Soskice’s edited volume, Varieties of Capitalism(VoC), gave useful focus to the debate about whether the collapse of the Eastern blocand globalization were pushing all economies toward a singular capitalism orwhether within capitalism there existed the possibility of national variations. Theauthors considered the environment within which firms operate and the types ofcomparative advantages they could mobilize given national formal and informalinstitutional arrangements that govern labour, firms and training/education. Study ofthese factors led to classification of states into archetypal Liberal Market Economies(LMEs) or Co-ordinated Market Economies (CMEs). This then raised the question ofwhether the differences between LMEs and CMEs were eroding. This 2007 volume,as the name implies, furthers consideration of these issues, taking up critiques ofthe VoC approach and strengthening possible vulnerabilities in the VoC model. Itincludes pieces by contributors who apply VoC to specific cases from Europe,including Hall and Soskice.

The book features five sections. The newcomer to VoC is encouraged to start withsection one, which explains and defends VoC, although the novice may find thesevigorous arguments a dense introduction. The second part addresses macroeconomicfactors, including LMEs and CMEs’ ability to respond to economic shocks and toEconomic and Monetary Union. The third section applies VoC analysis to EuropeanUnion (EU) regulated sectors, as well as national policy and firm behaviour inreaction to EU regulation. The fourth part focuses on differentiated governmental

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responses to economic stimuli. The last section utilizes VoC to analyse transitionaleconomies in Central and Eastern Europe. In short, contributors consider specificpieces of the economy (labour markets, regulatory regimes, firm bargaining) andconcrete state cases across Europe. This particular array of topics speaks to commen-tators who criticize VoC as a static model, as applicable only to established marketsystems, as too focused on the firm to the exclusion of awareness of the importanceof the state and of the decisiveness of political bargaining.

The authors support VoC’s robustness as an analytical tool. In several cases,however – EU regulation of network industries, the mixed market economies ofSouthern Europe and the transitional economies of Central and Eastern Europe – theyfind that VoC, as presented initially, is inadequate. In these instances, contributorspropose modifications to VoC to make it work with their particular cases, rather thanfind that these circumstances weaken the claims of VoC. Continuing this extension ofVoC’s application to new cases and developing further refinements offer rich possi-bilities. The work provides a solid addition to the VoC debate; certainly, it carriesforward the conversation with analysis and cases that help to confront critiques of theapproach.

JANET ADAMSKIUniversity of Mary Hardin-Baylor

Approaching the European Federation? edited by S. Dosenrode (Aldershot: Ashgate,2007, ISBN 9780754642442); xii+219pp., £55.00 hb.

In this compact volume of essays the editor, Søren Dosenrode, has sought first topresent ‘an integrated analysis of central concepts and questions related to theEuropean Union (EU) and the Constitutional Treaty (CT)’ and, secondly, to offer a‘fundamental analysis which is independent of the destiny of the CT’ (p. 2). Accord-ingly the book is organized around the following broad subjects: an introduction tofederalism; constitutions and legitimacy; policy-making in federations and in the EU;European presidential government; Economic and Monetary Union (EMU) and the EUBudget; the regions in the ‘New Europe’; and the role and status of EU foreign policy.

There are some interesting contributions to the project and Dosenrode’s determi-nation to relate the concept of federalism to what he calls the ‘Nice-EU’ and the‘CT-EU’ is a valiant effort to explain the current status of the contemporary EU. Inthis regard the title of the book is apposite. However, while the basic thesis of thevolume – that the EU is ‘already a federation’ (p. 207) – is perfectly defensible, theeditor displays some discomfort in justifying it. His introduction to federalism isdisappointing because it is conceptually lightweight and what should have been a firmfoundation for the rest of the volume amounts to a largely descriptive essay that putsthe author on the defensive at the very start. He has also ignored a range of detailedworks that already exist on federal theory and the EU.

The rest of the chapters vary in their quality and relevance to the title of the book.The chapter on ‘Constitution and Legitimacy’ is invaluable to the overall project butwithout the formal ratification of the CT its significance is much reduced. FortunatelyDosenrode’s chapter on policy-making in federations and in the EU has not suffered

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the same fate, although this useful comparative survey should have acknowledged thework of Ronald Watts in this area. The chapters on European presidencies, the EU’sregions and the myths and realities of its foreign policy are each interesting contri-butions, but the best chapter is Wolfgang Zank’s entitled ‘EMU and the Budget’which explains why EMU was and remains a logical response to the EU’s practicaleconomic experiences of the last 30 years and how this continuing success story hastransformed the EU into a federation that is sui generis.

In what appears to be very much a ‘North European’ project, this book does havea structural unity, but it might have been so much easier simply to construe the EU asa new federal model. This would have forestalled the normative and empiricalagonies.

MICHAEL BURGESSUniversity of Kent

The Advocate General and EC Law, by N. Burrows and R. Greaves (Oxford: OxfordUniversity Press, 2007, ISBN 9780199299003); 465 pp., £60 hb.

The role of the Advocate General is so different from the common law conventionthat many who have been educated or trained in that tradition have struggled with theconcept. This excellent book will resolve any misconceptions through the researchand clear exposition undertaken by the joint authors. They have seen a need for sucha book and have met the expectations of the reader very well.

The fact that Advocate Generals rank on equal terms with Judges in the EuropeanCourt of Justice does lead to some controversy amongst those who receive both anopinion from the Advocate General and a final judgement from the Court. However,the Advocate General’s opinion is only advisory and is not legally binding. This maybe why many do not read them and therefore miss a rich vein of judicial thought. Theexamples in this book where subsequent changes in emphasis or direction identifiedin opinions have found acceptance in later judgements of the Court, illustrate why anyresearcher or advocate dealing with EU law should give due respect to the role andwork of the Advocate General.

This book is split into three main sections. The first contains an introductionwhich gives some background to the origins of the role and explains the structure ofthe book. This is followed by two very good chapters which look at the role of theAdvocate Generals within the European Court of Justice and their role as influencedby the developing jurisprudence of the European Court of Human Rights. This latterchapter is of particular interest because of the emphasis now given to human rightsbut also the role played by some Advocate Generals in extending the coverage ofthose rights in EU law.

The rest of the book is in the form of case studies. The first ones take the form ofa critical review of the work of four Advocate Generals – Lagrange, van Gerven,Jacobs and Warner – in relation to particular areas of law. For example, for AdvocateGeneral Jacobs it is intellectual property. The review demonstrates that not all theideas of the Advocate General are taken up by the Court but it can be seen where theopinion is persistently offered for the judge’s consideration.

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If the book only dealt with four Advocate Generals it would be disappointing asthere would always be complaints that a favoured holder of that office had not beenincluded. The authors had to make a choice and what they have produced is areasonable choice. The third part of the book takes the form of case study chapterslooking at direct effect, state liability and citizenship showing the development ofthese principles and the role of various Advocate Generals. These provide a very goodoverview which will be valued by any reader.

MIKE CUTHBERTUniversity of Northampton

Geopolitics of European Union Enlargement: The Fortress Empire, edited by W.Armstrong and J. Anderson (Abingdon: Routledge, 2007, ISBN 9780415339391);xvi+243pp., £70.00 hb.

Geopolitics of European Union Enlargement is a stimulating collection of essaysarising from a seminar series on the theme of ‘borders’. It aims to analyse the changesin the internal and external borders of the EU and the impact of these re-borderingprocesses on the local and neighbouring communities. The first chapter by Andersonreflects on the territorial future of Europe and the EU drawing on five competingvisions of political space and territoriality. The following three chapters are dedicatedto the study of the border between the Republic of Ireland and Northern Ireland.O’Dowd examines the evolution of the meaning of the border over time, which hasnotably been influenced by the EU and other forms of transnational governance.Wilson’s chapter focuses on the Europeanization of border regions through theanalysis of the processes of Europeanization in a village on the Irish border. Finally,McCall assesses the approach of the EU to ethno-national conflicts and focuses inparticular on its role in the Irish peace process.

After analysing the evolution of this internal border, the remainder of the book isconcerned with various issues relating to the external borders of the EU, as well as theimpact of the EU on its periphery or neighbourhood. Driessen examines the changesaffecting four port towns on the Spanish–Moroccan border as it becomes the frontierbetween the European Union and Africa, whereas Joffé questions the meaning andultimate objectives of the Euro-Mediterranean Partnership in the context of the fightagainst global terrorism. Busch and Krzyzanowski examine the linkages between theenlargement of the EU, its policies on borders and migration, and the construction ofa European identity. Some of these themes, alongside others, are further developed inan essay by Joenniemi, which focuses on the European Neighbourhood Policy (ENP),whereas Anderson and Shuttleworth analyse the economic impact of the EU on itsperiphery using the concept of imperialism. Finally, four chapters examine theprocess of simultaneous elimination and creation of borders in Central Europe,including its impact on civil society and culture.

As is sometimes the case with edited books, one finds that the collection of essayslacks cohesion at times. There is a concluding chapter which attempts to draw severalthemes of the chapters together. Nevertheless, the book would have greatly benefitedfrom an introduction explaining more clearly its structure and the articulation of the

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different chapters. However, this does not detract from the strengths of this book. Oneof them is its inter-disciplinary character. It gathers contributions drawing upon avariety of disciplines, including notably geography, linguistics, anthropology, andpublic policy. The book also covers a lot of intellectual ground by offering severalcontributions that blend detailed case studies and theoretical reflections. As a result,this book will appeal to many scholars interested in border issues.

SARAH LÉONARDUniversity of Salford

EU Justice and Home Affairs Law, by S. Peers (Oxford: Oxford University Press, 2ndedn, 2006, ISBN 9780199290550); cxiv+588pp., £75.00 hb.

There are books where it is clear from the outset that they will become major worksof reference, and this is one of them. The fact that six years after the first edition StevePeers (University of Essex) has now published a second one of more than three timesthe size is not only a testimony to his effort but also to the massive expansion of EUjustice and home affairs (JHA) policies during the last few years. This book managesto cover all relevant legal texts and developments across the various policy fields fromasylum over legal and illegal immigration, visas and border controls to judicialco-operation in civil and criminal matters and police co-operation.

A substantial first chapter – slightly misleadingly entitled ‘institutional frame-work’ – addresses not only the institutional context but also other horizontal issues ofimportance such as the historical background, questions of competence and territorialscope and the prospects offered by the Constitutional Treaty. In spite of a note ofmodesty in the introduction the author has clearly been aiming at a comprehensivesurvey and analysis of the state of development of EU JHA policies, which explainsthe truly staggering amount of detail provided on EU measures and their problems aswell as relevant case-law of the Court of Justice. With such a wide variety of policyfields and instruments there is always a risk of getting the reader lost in an ocean ofdetail, but a very systematic and effective structure helps the reader to avoid this fate.This, and the meticulous referencing, greatly adds to this book’s worth as a work ofreference.

The author also pursues some cross-cutting themes throughout the book, inparticular the questions of the balance between protection of human rights and civilliberties and of the interrelationship between the supranational EC legal order and theintergovernmental legal order of the ‘third pillar’ in EU JHA policies. These cross-cutting themes add much to the intellectual quality of the work. Knowing aboutProfessor Peers’ longstanding commitment on the civil liberties protection side one isnot surprised that the first of these themes is given a lot of attention. Occasionally,however, he seems to give EU measures more than their fair share of criticism if oneconsiders the often much more invasive measures taken by national governments inthe JHA domain, especially since the 9/11 attacks. It could also have been brought outmore that Member States are in most cases left with very wide margins of discretionwhen implementing EU measures and have retained full control over operationalcapabilities – which makes the Union itself a less potent threat to civil liberties than

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it might appear. The merits of this work could have been further enhanced by moreinformation on the challenges to which EU measures are responding and about thepolitical reasons for their shortcomings. Yet this would probably have crossed toomuch the borderline between law and politics – and even without that the book is apeerless work of scholarship in its own field.

JÖRG MONARUniversité Robert Schuman de Strasbourg

National Parliaments Within the Enlarged European Union: From Victims ofIntegration to Competitive Actors? edited by J. O’Brennan and T. Raunio (London:Routledge, 2007, ISBN 9780415399357); xvi+312pp., £75 hb.

This book has arrived at an important juncture in the development of the EuropeanUnion. With or without a new Treaty, national parliaments are seeking to expandtheir role in the EU. Anyone interested in assessing their chances of success shouldread this volume. The reader will find a good mix of up-to-date case studiesand broader evaluations of the potential for a stronger involvement by nationalparliaments.

The case studies provide substantial comparative material to help to assess thequestion posed in the book title, namely whether parliaments in the EU are victims ofintegration or competitive actors. What emerges very clearly is that there has beenconsiderable institutional adaptation, both at the national level and in the collectiveefforts of national parliaments. The chapter on interparliamentary co-operation, forexample, provides good insight into the Conference of European Affairs Committees(COSAC) that brings together the EU committees of national parliaments on atwice-yearly basis. The evidence that all parliaments have responded to the cherishednorm of parliamentary accountability is strong and clearly presented and yet thestudies also oblige the reader to ask what all the institutional changes described addup to. The chapter on Hungary is particularly honest in pointing to the difficulties fora parliament to convert its formal powers into real influence. The commitment togreater scrutiny is relatively easily sacrificed on the altar of party loyalty, especiallyin a polarized political system.

The more general chapters bring together the material in the case studies andexamine the strength of the deparliamentarization thesis within the context of the EU.Again the material is very useful but leaves the reader to ponder some unresolvedquestions. National governments do not legislate at EU level: this task is increasinglyin the hands of the Council and the European Parliament acting together on a proposalfrom the Commission within the codecision procedure. Hence no matter how strongthe control exerted nationally on a specific proposal, it cannot prevent the legislativelogic of the Union generating a different result than that sought in one or even severalparliaments. What role therefore can realistically exist for national parliaments? Is theaccountability gap one that they simply cannot fill? More might have been saidon these issues but nonetheless, the book makes an important contribution to our

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knowledge of where national parliaments are at the present time in their efforts tocontribute to (or control?) the integration process.

MICHAEL SHACKLETONEuropean Parliament Secretariat

Can Germany Be Saved? The Malaise of the World’s First Welfare State, by H.-W.Sinn (Cambridge, MA: The MIT Press, 2007, ISBN 0262195585); xvi+338pp.,£18.95 hb.

The earlier German version of this book has arguably been the most influentialpublication in the German economic policy debate of this decade. Sinn has coinedterms such as the ‘bazaar economy’ which have quickly moved into the politicalrealm and which have shaped political debates in the national election campaign in2005.

Sinn argues that the German economy is the victim of increased pressurefrom globalization: the fall of the iron curtain and EU enlargement have increasedwage competition from former communist countries in Eastern Europe as well asfrom China. This puts downward pressure on wages in Germany. However, theoverly generous welfare state keeps workers and unions from accepting wage cuts.Hence, firms relocate production to low-cost countries and unemploymentincreases. As unemployment rises, so do taxes and transfers, further hurting Germancompetitiveness.

According to Sinn, the success of the German export sector visible in risingmarket shares (Germany reclaimed its position as the world’s largest exporter in2003) is the result of a phenomenon called the ‘bazaar economy’. He claims thatGerman companies are increasingly outsourcing the production of intermediategoods to low-cost-countries, assembling them in Germany and re-exporting them.Thus, exports are rising while the share of value added produced in Germany isfalling. As Sinn is very pessimistic about the ability of ‘real reforms’ in Germany, hesees German unemployment continuously rising and per-capita incomes falling rela-tive to other industrialized countries.

While this line of argument makes a coherent story, it is grossly at odds with themost recent developments in Germany. Both in 2006 and 2007, the German economygrew quicker than the euro area as a whole. In per capita terms, the German economyhas been outperforming many euro area countries since 2005. Value added in manu-facturing has been growing strongly (a whopping 4.2 percent in 2006), hardly a sign oflacking competitiveness. The labour market has also shown an impressive turnaround,something Sinn still considers as next-to impossible (p. 7). In the year until thepublication in June 2007, the number of unemployed has fallen by almost a million.Unemployment has not only fallen below the rising trend line Sinn is showing in oneof his graphs, but also below the lowest level reached in the upswing of 2000.

So, this book is highly valuable from a political perspective as it helps to under-stand why the German debate is focused on cost competitiveness even though thetradable sector is doing extremely well. However, readers who want to ‘inform[themselves] about the state of the German economy’ (p. xiii) should treat the book

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with care. The economic analysis presented is rather weak and fails to explain evenstylized facts of the German economic development of the very recent past.

SEBASTIAN DULLIENFHTW Berlin – University of Applied Sciences

The Co-ordination of the European Union: Exploring the Capacities of NetworkedGovernance, by A. Jordan and A. Schout (Oxford: Oxford University Press, 2006,ISBN 0-19-928695-7); xix+311pp., £50 hb.

Jordan and Schout discuss a crucial question of European governance: are theEuropean Union institutions, together with the constituent Member States, able toimplement the policy objectives they have set themselves with respect to complexpolicy issues? It is highly relevant to address this question since the EU’s capacity totackle complex policies determines its effectiveness and therefore ultimately also itslegitimacy. Jordan and Schout use the empirical case of Environmental Policy Inte-gration (EPI) to assess whether the EU is capable of living up to its politicalambitions. They start from the observation that the EU is increasingly tacklingcomplex problems, such as EPI, by means of so-called new modes of governance,which ‘seek to build upon the EU’s existing capacity to achieve its policy goals notthrough legislating or creating and/or altering markets, but via a more networkedform of (multilevel) governance’ (p. 6).

Before testing the EU’s ability to manage the necessary network co-ordination inthe EPI case, Jordan and Schout develop a detailed analytical tool. A particularlyinteresting feature of this instrument is that it focuses on co-ordination capacities onthe level of individual actors (i.e. Member States and EU institutions) and on the levelof the network itself. In empirical terms, Jordan and Schout’s conclusions aredepressing: hardly any of the co-ordination tasks identified in the conceptual chaptersof the book were found to be addressed in a sufficient way, either by the individualactors or by the network as a whole. The EU ‘has set itself a political target, thenfailed to put in place sufficient implementing mechanisms to deliver it’ (p. 259). Withrespect to the Member States examined, the German co-ordination system in par-ticular is found to be unsuitable for dealing with the growing pressure to act in aco-ordinated way. The Dutch system is qualified as better equipped but relativelyinefficient, while the UK is considered to have the best suited administrative systembut at the same time to suffer from lack of political will. Regarding the Europeaninstitutions, the European Parliament is especially judged as disengaged from the EPIgovernance, while the European Commission is applauded for its reform and giventhe benefit of the doubt as to whether it will also work out in practice.

Jordan and Schout’s book is revealing in several ways. They succeed in surpass-ing a purely descriptive empirical case-study by offering a detailed and innovativetool that can be used to analyse other ‘wicked’ problems – such as the Lisbontargets. Adding a list of policy recommendations makes their work not only inter-esting for academic scholars (of environmental policy, EU studies and even thebroad field of policy analysis), but also useful for practitioners at the nationaland the European level. Finally, their work can be regarded as a nice example of

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assembling a plethora of qualitative data into a well-structured and therefore com-prehensible account.

PETER BURSENSUniversiteit Antwerpen

The European Union and the People, by M. Jolly (Oxford: Oxford University Press,2007, ISBN 9780199213078); xiv+261pp., £50 hb.

Mette Jolly’s well-written and accessible book follows her important intuition tofocus on the ‘people’ of Europe rather than on governance arrangements or outputlegitimacy in discussions on EU democracy. ‘[D]emocracy cannot exist without apeople’ (p. 52), and since there is no EU-demos in the EU, the ‘prospects fordemocratizing the European Union’ (p. 3) are gloomy. The EU should restrict itselfto regulatory policies, which are more modest in their requirement of social pre-requisites than re-distributive policies.

The author sets out with a well-structured analysis of four different paradigmswithin the literature on the EU’s democratic deficit (Chapter 2), arguing that thesocio-psychological paradigm, which postulates a common identity of the demos,ultimately decides upon the democratization of the EU, an idea that is subsequentlyelaborated in great detail (Chapter 3). She then assesses eight different models ofgovernment available in comparative politics with a view to assessing how much theyhave to offer regarding this paradigm. After an informative methodological Chapter5, Chapter 6 offers Jolly’s main results of her quantitative analysis of Eurobarometerand European Value Survey data, arguing that the dense institutional and legalintegration has not led to a European demos.

Does the book convincingly show methodologically that there is no ‘EU-demos’(in its socio-psychological conception)? Yes, although Jolly could have strengthenedher argument with an analysis of variance of the European citizenry in comparison tonational populations. Without this, she falls back on the contestable conception ofnational demoi as being homogenous. Is her conceptualization of a demos satisfying?Not totally: the demos is conceptualized as a fairly passive mass; however, broadsocial legitimacy alone does not render a political system democratic. Politicalparticipation and deliberation of and among people is foundational to a democracyand the self-constitution of a political (rather than ideational) demos. In fact, shedismisses theoretical approaches of a ‘strong democracy’ (Barber), ignoring theconstructive power of discourse and participation for the formation of identity, of acommon ‘self’ that can determine its own fate (p. 70).

In my view, she underestimates the empowering function of what she calls ‘legaldemos’. Certainly, law is not everything, but without rights, everything is nothing.Rights are not only provisions to guarantee negative freedoms but also to enablepositive freedoms that empower the people with capabilities to act, build a democraticsociety from below and thus construct themselves as a political demos. To whatextent is this a book about European democracy? Only insofar as the democraticdeficit is understood as a ‘social-psychological deficit of the EU’ (p. 93). The authordid not sufficiently reflect on the difference between social and normative/democratic

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legitimacy, a distinction that is prominent in IR and Political Theory. In doing so, theauthor falls into the trap she tried so hard to avoid.

This stimulating book is to be highly welcomed as it represents a serious contri-bution to a normative reflection on European democracy that combines with anempirical analysis, an attempt that is difficult but important and unfortunately ratherrare in European Studies.

DAWID FRIEDRICHUniversity of Bremen

The Language Question in Europe and Diverse Societies: Political, Legal and SocialPerspectives, edited by D. Castiglione and C. Longman (Oxford: Hart, 2007, ISBN9781841136677 hb, 9781841136684 pb); xiii+285pp., £45 hb, £22 pb.

The first regulation adopted by the Council of the European Economic Community in1958 established ‘the linguistic rules of the institutions’. Over the course of the next50 years, the Economic Community has become a Union and the six founding stateshave been joined by 21 others, with more on the way. But what of Regulation 1/58and the question of language? This collection of papers, with a broad interdisciplinaryand international orientation, brings the views of 11 authors to the table.

The cynic might say, of course, that this volume is typically European in that itexplores a series of difficult questions without answering them. Indeed, among therange of unresolved (or unresolvable) issues of European politics and integration,language can surely claim to be one of the most sensitive and controversial. TheEuropean institutions are, as Niamh Nic Shuibhne puts it, ‘the ultimate project forthe language policy maker’, yet the lack of an agreed ‘European language policy’remains frustrating. In her essay, she reviews the case law of the European Court ofJustice but also the roles of the main institutions in presenting legislation and – oftenof equal importance – regulating their own internal affairs. Canadian philosopherOmid Payton Shabini also looks at legal expressions of language rights in the contextof Habermas’ ‘constitutional patriotism’ and the EU’s key legal texts.

Of course, the elephant in the living room is the popular claim that not just inEurope but across the world, English is becoming a lingua franca (if you will pardonmy Frankish). The pioneering work of Robert Phillipson and others (including criticalapplied linguists) on linguistic imperalism put the politics of power and control at theheart of language policy debates. Surprisingly, these arguments are not considered inany detail except by Chris Longman, who steps up and indeed appears to come downin favour of the use of English, in a thoughtful and controversial contribution thatchallenges ‘the doctrine of multilingualism’. Similar sentiments are present inPhillipe van Parjis’s paper, where his demands (expressed with an ample dose ofhumour) include ‘Ban Dubbing!’ and ‘Grab A Territory’.

Language rights, of course, interest the researcher not only in light of contempo-rary political debates over language in European institutions, but also in the widercontext of language and culture. In Sue Wright’s careful review of the history oflinguistics and language planning, she reminds us that legal structures of languagerights and entitlements are relatively recent innovations, highlighting the symbiotic

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relationship between the regulation of language use and the development of thelanguage itself. The debates on language policy in the EU are scrutinized by AlanPatten (in theoretical terms), Miquel Strubell (who parses the statements of thevarious European players) and Reetta Toivanen, who considers how language is usedas a supposedly ‘neutral’ distinction but can often be a proxy for other, more suspectclassifications based on minority or ethnic status.

Although Philip Schlesinger (in a concluding chapter) draws upon the work ofCastells and others on networks and the information society, it may well be technol-ogy and the internet is the further, unexplored factor in ‘the language question’.Historically, the development of ‘new’ media forms has played a significant role inthe regulation and mediation of language use. Ongoing difficulties with enablingworkable multilingual use of essential facilities like e-mail highlight how the EU andthose interested in language rights must go beyond conventional battle grounds (suchas the language of parliamentary debate) and question the relationship betweenlanguage, identity and culture in a supposedly globalized Europe. This collection ofessays is an appropriate tribute not just to Regulation 1/58 on its 50th birthday but tothe ongoing importance of language and linguistics in the European public spaces.

DAITHÍ MAC SÍTHIGHTrinity College Dublin

The Travails of the Eurozone: Economic Policies, Economic Developments, edited byD. Cobham (Basingstoke: Palgrave Macmillan, 2007, ISBN 9780230018921);xvi+322, £60.00 hb.

This edited volume is based on a conference held at Heriot-Watt University in March2006. It contains contributions and discussion from a distinguished group of econo-mists. There are three chapters on monetary policy, two on fiscal policy, two onadjustment and reform in EMU, and individual chapters on financial integration, theeuro changeover and inflation, the euro area entry of new Member States and theeuro/dollar exchange rate.

Of the three monetary policy chapters, two are technical: Assemacher-Wesche andGerlach provide some support for the inclusion of monetary growth in the ECB’spolicy-setting framework and Surico estimates a New Keynesian Phillips curve forthe euro area. Hayo estimates Taylor rule interest rates for EMU Member Statesconcluding that for most euro area countries ECB interest rates have been too low; theexception was Germany, where rates were too high.

The next two chapters examine fiscal policy and the Stability and Growth Pact(SGP). Allsop and Vines use an informal model and argue that the SGP restrains theappropriate use of fiscal policy for inter-country adjustment. By contrast Artis andOnorante’s empirical analysis suggests that fiscal policy in the Euro area has hadrelatively little effect on output and that the best policy might be to dispense withdiscretionary fiscal policy altogether. The empirical results could possibly be recon-ciled with the theory because it may be that discretionary fiscal policy is onlyappropriate when there are large output gaps, which is precisely when the SGP wouldconstrain it.

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The remaining papers examine a variety of topics. Belke, Herz and Vogel considerwhether EMU will encourage structural reform and this is tested by examining therelationship between exchange rate fixity and structural reform, for a large sample ofcountries. While no relationship is found for OECD countries, there are problemswith measuring reform and the interpretation of exchange rate fixity as monetarydiscipline similar to EMU. Lane and Walti demonstrate the effect of EMU onfinancial integration, showing in particular increased correlation of financial returnsacross countries. Dutta and Ercolani indicate that the introduction of euro notes andcoins like the introduction of the euro was not accompanied by significant inflation,but there were some increases in the price of visible services, such as restaurantprices. Beblavy’s paper is a largely familiar account of the problems for the newMember States of entering EMU. Al-Eyd, Barrell and Holland examine the euro/dollar exchange rate, concluding contrary to conventional wisdom that it was USrather than euro area developments which were dominant.

Thus this is a wide-ranging volume with some interesting contributions. Thoselooking for an analysis of the travails of the euro area, however, are likely to bedisappointed.

BRIAN ARDYLondon South Bank University

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