Book Review: Description of Documents and Literature: The EU and human rights
| Published date | 01 March 2000 |
| DOI | 10.1177/092405190001800114 |
| Date | 01 March 2000 |
| Subject Matter | Book Review |
NQHR
1/2000
is non-judicial but juridical. I share the position of the author that the concluding
observations represent
'a
new sort of case-law' (p. 344).
One of the most important contributions Ms. Boerefijn makes in her book is the
systematic and convincing way in which shedemonstrates the need for a special procedure
or at least specific attention to developing the reporting procedure so that the Committee
could effectively exercise its monitoring function in relation to de
jure
or de facto states
of emergency (see pp. 140-142 and Chapter XIII). These parts
of
the book are valuable
to the Committee in the process ofrevising its general comment on Article 4. Another fine
proposal is that the Committee should elect one of its members as Special Rapporteur for
the follow-up on its concluding observations (p. 348).
Boerefijn's book is very rich in documentation. Its various annexes, for instance, lists
of Committee sessions, concluding observations and general comments make the
dissertation a practical handbook for all persons dealing with Committee documentation.
Unfortunately, there are minor mistakes in one
of
the lists, namely Annex 3 on the
Committee's membership: the asterisks that indicate the expiration
of
the terms of office
of
Mr. El-Shafei and Mr. Wieruszewski are not correct.
Another passage where Ms. Boerefijn's systematic and diligent method
of
work has
failed, relates to the Committee's Rules
of
Procedure. On p. 37 she does not mention the
April 1997 amendments, although footnote 5 on p. 176 makes correct reference to the
current version (Rev. 5; it is true that this document itself is not clear about which rules
had been amended). Some other minor omissions relating to rather recent events are the
failure to mention Mr. Lallah's role as Special Rapporteur on Myanmar and the fact that
Mr. Amor, Special Rapporteur on religious intolerance was, in September 1998, elected
a Committee member (see p. 44 and 122).
The author is correct in noting the importance in the shift by the Committee from a
mechanical five-year periodicity for State reports to a case-by-case decision on the due
date of the next report (p. 187). But I hope she is wrong in assuming that the new
periodicity would in practice be 'at least' five years (p. 316). The due dates for next
reports given to Algeria (23 months after consideration), Israel (23 months) and Macau
(24 months) will be the test cases. Recently, the Committee has taken specific measures
to reduce the delays between the submission
of
a report and its issuing as a UN document.
If these proposals will come true, and if the reports just mentioned are submitted on time,
there should be cases
of
only three years or three and a half years lapsing between the
consideration
of
two periodic reports.
DESCRIPTION OF DOCUMENTS AND LITERATURE
The EU and human rights /Academy of European Law; ed. by Philip Alston. - Oxford:
Oxford University Press, 1999. - xxiii, 946 p.
ISBN: 0-19-829809-9
For all its achievements in integrating Europe, the EU lacks a human rights policy which
is coherent, balanced and professionally administered. The introduction of a single
currency, the problems
of
racism and xenophobia, the need for a humane refugee policy,
the growing powers
of
the EU in many fields, and the Unions imminent eastward
expansion, all make it urgent to adopt such policies. In this volume the experts in the field,
including individuals from every EU country, provide an insightful critique
of
current
policies and detailed recommendations for the future. This includes: access to justice,
racial and disability discrimination, multinationals, environmental rights and European
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