The Gazette 1972

EUROPEAN SECTION Young Solicitors' Seminar, Wexford

More than 200 members attended a very successful Seminar which was organised jointly by the Society of Young Solicitors, and the Provincial Solicitors Associa- tion, which was held in the Talbot Hotel, Wexford, on Saturday 6th and Sunday 7th November. Tlie relevant topic chosen was "Solicitors in Europe". Mr. Fintan O'Connor, Chairman of the Wexford Bar Association, first welcomed the guests, the distinguished speakers, and the President of the Law Society, Mr. McGrath. The first paper was given by Mr. Stanley Crossick, u et , ary of 'he English Solicitors European Group, on "Common Market Entry"—the effect on domestic a w and the implications for the legal profession. Mr. Crossick first mentioned that there was some controversy as to whether English or French should be f p W O r k i n g l a n S u a S e of t h e Community. The Treaty Rome was a framework where the legislative powers resided jointly in the Council of Ministers and in the omniission, whereas the administrative powers resided resided jointly in the Commission and in the Council of Ministers, whereas the administrative powers resided . language. It was to be noted, however, that no administrative enforcement machinery had been de- vised. The European Community was essentially a ureaucracy; the effect of this was that Community e gislation was rarely hastily thought out; there was plenty of dialogue between the Commission and other institutions, and amongst the sections of the Com- mission itself. The European Parliament was the jyeakest institution in the fabric, although it could in neory dismiss the Commission by a two thirds majority averse vote; it was in practice, however, merely a consultative assembly. Regulations issued by the Commission are directly cnective throughout the Community whereas Directives a Y e 0nl V effective when they have been implemented by e respective national Parliaments of the Member states. By Article 177, the highest Court of a member , a t e must refer any questions affecting the construction ot any p a r t Q f Treaty of Rome and associated ocunients for a ruling to the European Court in uxemburg. Article 2 sets out clearly the aims of the ommunity. It was clear that the pure domestic law of l a 6 K r w a s largely unaffected by Community w J but there would be some changes in laws affecting ustoms duties, movement of labour, agriculture, transport, and taxation. aff - rC w o u ^ be substantial innovations in the laws fr C j tln ® res 'rictive practices and monopolies. As regards ^ e edom of services and of persons, the Treaty abolished r e 0 a d Jy all discriminations based on nationality. As jgards the free movement of capital, little progress had j. ei ? m a d e in the negotiations so far. The Sterling change Area will have to be reorganised. The benefits 1Sln S °ut of the laws of employment and of social ecurity and of labour law, will be freely transferable junongst Member States. A Common Road-Rail Policy * been formulated in transport, but negotiations are ' very advanced. The Coir munity regulations giving

a guarantee that road transport workers will be protected against unfair competition are stringent. Over one thousand regulations affecting different agricultural products had been issued by the Com- mission. It would seem that the methods of financing Irish agriculture would not be approved by the Com- munity. Discussions were still in progress about fishery limits, but the control of the quality and standard of foods was far more stringent than now. There had not been much progress to report in the harmonisation of laws contemplated by Article 100 of the Treaty. However an important Convention on the Recognition and Enforcement of Judgments amongst Member States had been concluded. It was intended to standardise bankruptcy and winding up proceedings. The European Company had been proposed for larger units, but the Dunlop-Pirelli case illustrated the restric- tions imposed by the present law. Mergers and amal- gamations appeared to be limited by fiscal problems. The added value tax system had to be introduced in all member states, but the rates need not be standardised. With regard to the problem of the incorporation of Community law into Irish law, it was necessary to stress that the whole Community law would have to be accepted in toto, including all Regulations in force. The new member states will have to sign a short accession treaty; but it would be wise to embody the Regulations in detail. In any event, in relation to matters covered by the Treaty of Rome, it was essential to note that Community law must take precedence over national law, even though some national Courts had tried not to subscribe to this principle. The sovereignty of modern states is in any event much restricted, and the alleged loss of sovereignty was more than compensated by belonging to a large trading partnership for the benefit of all concerned. It was stressed that no major decision affecting the Community would be taken save by a unanimous vote of all member states. The lecturer thought that serious problems of translation would arise if Irish were to become an official language. It was necessary to realise that, upon adhesion to the Community, new subjects would have to be studied, and there will be an increase in trade. It should be stressed that lawyers should not generally as professional men, regard Community law as being beyond their scope. Irish legal experts would have to recognise the difference in law which would affect the entire ap- proach to national law. For instance the law of agency would require reconsideration in the light of Contin- ental practice. As regards Freedom of Establishment the present position in England was that foreign lawyers were free to practise in most branches, provided they do not hold themselves out to be barristers or solicitors, and do not draw deeds. In France, one was entitled to practise as a "Conseiller juridique". There were severe restrictions upon practice as a lawyer in Germany, as even German lawyers were con- fined to practise in their own 17 specified districts. 19