The Gazette 1972

sing the rules relating to services of advocates in the courts of the European Communities. The Commission considers in this light that the liberalisation of the rules of pleadings will be subject to some difficulties. As regards this liberalisation, cer- tain delegations will reserve their position and will lay much stress upon their respective governments in regard to any points which appear to them to be essential. The Commission has noted the objections stated by certain delegations concerning the application of articles 55 and 56 of the Treaty. Resolutions adopted at Amsterdam on 25th April 1970 Draft convention relating to the exercise of certain legal and extra-legal activities of lawyers. This con- vention is subject to the necessary adaptations in the different official languages, and to different national laws and to different professional customs. The lawyers of the member states of the Community, having considered that as a result of the intensification of legal and economic links amongst the contracting states and of the numerous legal rules which are com- mon to all contracting states, it is consequently desir- able that on the basis of services rendered by them, lawyers should exercise their activities upon all the territory and before all jurisdictions of the contracting States. Have resolved to conclude a convention to that effect and have agreed upon the following rules : Article 1 (1) The lawyer of a contracting state may, pro- vided that he is assisted by a lawyer who is qualified to plead in the place where his services are required, plead in Givil business, Criminal business, Tax business, Administrative business, and business relating to Social Services before the Courts of another contracting state, state. (2) This right implies that the foreign lawyer will have access to the official file or will have the right to visit a detained person and to correspond freely with him without being compelled to undertake any other formality other than those imposed upon the lawyer of the contracting state where this right is exercised. Article 2 The lawyers of contracting States may give written opinions or oral consultations upon any problem relat- ing to Common Law, Tax Law, Administrative Law or Social Services Law, and may assist or represent their client with individuals or companies other than courts upon all the territory of another contracting state. Article 3 (1) In the exercise of their activities the lawyers of contracting States may benefit upon all the territory and before all Courts of another contracting State from the same guarantees as those which are given to lawyers of the; contracting States where those activities are exercised; this applies particularly to rules of pro- fessional secrecy and to rules making the official file inviolable. In such cases the foreign lawyers assume the same duties as the local lawyers. (2) If this is prescribed by rules of court, foreign lawyers must wear in court the robes prescribed by the national law.

member states shall have to be realised upon the norms hereinafter defined : (1) These activities will have to be exercised accord- ing to the rules of the Bar where the practitioner originally practised as well as the rules of the Bar which he intends to join, under the dual control and dual discipline of the professional institutions concerned. (2) To this end the Consultative Commission will draft contracts of an optional nature so that they can be submitted to the different bars and professional institutions for their adhesion. Second Resolution relating to the activities of foreign lawyers in the member states of the European Community (rapporteurs Maitre E. Graziadei and E. Biamonti). The Consultative Commission having observed that the profession of lawyer in the countries of the Euro- pean Community is subject to strict rules which are destined to protect the interests of the public, and having observed that it would be contrary to the spirit of the Treaty of Rome that barristers and other lawyers coming from non-member states should not be subject to the identical struct rules. Quite apart from any more liberal laws which might be adopted by certain member states upon some of the points enumerated hereafter (the Commission) considers that: (1) The exercise of professional activities of lawyers of non-member states within the Community should be subject to : (a) Verification beforehand of the existence of actual reciprocity to practice in the country of origin. (b) That the professional institutions of the country where the lawyer of the non-member state intends to practice, should agree to receive him. In order to implement this, it will be necessary for the bars concerned to intervene with the government of their countries in order that statutes or adminis- trative rules can be introduced relating to the con- ditions under which foreign lawyers may practice and may stay in the said country. (2) To ask the bars of the member states, under no circumstances to have any professional contacts with the lawyers of non-member states who, having mani- fested their intention to practise in a member state, have not received in advance the agreement of the professional institution concerned. All these resolutions were adopted unanimously and also by the observers from Ireland, Denmark, Norway and the United Kingdom. Resolution Adopted at Luxembourg on 7th October 1972 The Consultative Commission of the Bars of the coun- tries of the European Community, having met together at Luxembourg on the 7th October 1972, and having taken cognizance of the actual state of the procedure in Community countries relating to the directive which sets out the rules whereby certain services in relation to certain activities of lawyers shall be freely given and also sets out in particular the supplementary report given out in the name of the Juridical Commission to the European Parliament by Mr. Nicholas Romeo (European Parliamentary Document 72-73, sitting of 31st August 1972). Having considered in its essence the real interest of all those who require legal assistance, approves unani- mously and underlines the absolute necessity of liberali-