The Gazette 1972

ferred upon the Court by the Treaty (and it has no other) falls under four main heads. Proceedings against institutions of the Community, Proceedings against States, Reference from National Courts or tribunals for interpretation of provisions of the Treaty applic- able to proceedings in the National Courts of member States under Article 177 of the Treaty. Cases between the Community and its employees. Article 17 of the Protocol deals with the right of audience before the E.E.C. Court. The rules of pro- cedure of the E.E.C. Court prescribe three stages, viz. (1) the written procedure consisting of the pleadings and written arguments lodged by each party, (2) the procedure of inquiry under which the Court itself may interview witnesses but in which apparently the parties take only a minor part, (3) the oral procedure where the advocates submit arguments on behalf of their clients. In the official French translation of Article 17 of the Protocol the reference to advocat is "un avocat inscrit á un barreau de l'un des Etats membres". In the official English translation the Article provides that the States and institutions of the Community shall be represented before the Court by an agent appointed for each case and that the agent may be assisted by an adviser or by a lawyer entitled to practise before a Court of a member State. Other parties must be represented by a lawyer entitled to practise before a Court of a member State. Such agents, advisers and lawyers when they appear before the Court enjoy the rights and immuni- ties necessary to the independent exercise of their duties under conditions laid down in the rules of procedure. University teachers being nationals of a member states whose law accord them a right of audience shall have the same rights before the Court as are accorded by the article to lawyers entitled to practise before a Court of a member state. There has been a difference of opinion in England as to whether solicitors have a right of audience before the European Court. The matter has been resolved by a compromise reached between the Law Society and the Bar. The term lawyer is wide enough to include both counsel and solicitor. These matters however are no longer relevant in the Republic. Section 17 of the Courts Act 1971 enacted that a solicitor qualified to practise in the Republic acting for a party in any Court has a right of audience in that Court. Solicitors are therefore advocates in the full sense in all Courts in the Republic and should therefore have the same right of audience as Irish counsel in the European Court. Where the rules of European domestic courts permit foreign lawyers to appear Irish solicitors and counsel would also have the same status.

The draft directive of 17th April 1969 was not ap- proved by the European Parliament and a new draft was submitted with a number of amendments to meet the objections raised and this was accepted by the European Parliament on 21st September 1972. The main features of the original draft are preserved. The next step will be the submission of the draft by the European Parliament to the Council of the E.E.C. which may accept or reject it. The draft directive has been received in the French version only but an English translation is in course of preparation and will be published in the Gazette. Consequences Although the original draft directive was by its terms applicable to advocates as such this was partly due to difficulties of translation and there is little doubt that the position of solicitors will have to be considered and any necessary additional directives or amendments of the present directive to authorise foreign lawyers to carry on the practice of solicitor in the Republic will no doubt be made. Its effect on members of the In- corporated Law Society of Ireland would appear to be as follows. Foreign lawyers might become entitled to engage in the following activities : Formation of companies, The main significance of these provisions would be the opening of the door to foreign lawyers engaged by clients having business transactions in Dublin and else- where. This might have a serious effect on conveyancing and commercial work as it is well known that substan- tial outside interests are at present involved in much of the development work in Dublin and elsewhere. It must be remembered however that the Treaty of Rome and the various conventions following it are not the result of negotiations between professional or other interests in the various states. They are inter-state agreements and the professional and other interests have no influence except insofar as they may be able to impress their views on their own governments. Respective rights of solicitors and counsel of Britain and Ireland in the representation of clients before the European Courts and corresponding rights of Continental Lawyers in British and Irish Courts There are two matters to be considered viz. (1) the right of audience before the E.E.C. Court and (2) appearances before the ordinary Courts of the member countries (municipal Courts). The Court of Justice of the E.E.C. is the subject of a protocol of the Rome Treaty. The jurisdiction con- (c) Conveyancing and property transactions, Probate, Administration and trust work, General commercial practice.

Resolutions of Consultative Commissions of European Bars Resolutions passed at Edinburgh on 29th April 1972 relating to the practice of the profession of lawyer in foreign countries t port made by the rapporteur Maitre Louis Pettiti. The Consultative Commission, having brought to the notice and confirmed its previous resolution taken in Milan on 7th October 1971 and in Amsterdam on the 25th April 1970 has decided :

The First Resolution expressed the common doctrines of the Bars of the European Community on the ques- tion of liberalisation of the services of lawyers upon a

That the liberalisation of non-contentious activities including that of consultation of all lawyers of the - 2 8 4