The Gazette 1974

BOOK REVIEWS

obligation to approximate their laws to the extent required for the proper functioning of the Common Market. One of the areas in which approximation is most necessary is that of Company Law. This is so because of the many and varying differences that exist in the national laws of the member states. It is imper- ative for the success of the Common Market that the laws governing the forms of association under which the majority of businesses operate be not alone approxi- mated but harmonised as soon as possible. There have been considerable developments in this area and the aim of the volume is to record these developments by presenting the principal texts in their best vailable English translation. The volume is divided into two parts—the intro- duction and the texts. The introduction by Professor Schmitthoff deals with the various points arising out of the texts which are of especial interest to British and Irish lawyers. It is a clear and indeed a most helpful guide to the texts. It is a pity that the Draft Regulation on Merger Control and the Draft Convention on Inter- national Mergers although included in the texts were received too late to have the learned editor s comments. The main body of the volume contains English trans- lations of the First Council Directive, the Second, Third, Fourth and Fifth Draft Directives and an (unnumbered) Directive and draft Council Recommen- dation concerning the contents and checking of pros- pectuses. The proposed statute for the European Com- pany and the Convention on the Mutual Recognition of Companies and Legal Persons are also set out. Section 9 of the European Communities Act, 1972, the object of which was to give effect in the U.K. to the Provisions of the First Directive is also set out. Irish lawyers should refer in this regard to the European Communities (Companies) Regulations, 1973. The volume is a useful and practical guide to those relatively uninformed of the developments to date in Company Law in the EEC and as such will be useful to practitioners and those with an interest in these developments. In the words of Professor Simmonds who wrote the Preface : "The present collection of materials is up to date and comprehensive; necessarily, however, it can only present an interim statement of the progress achieved by a unique movement toward international legal co-operation and understanding." The truth of these remarks is evident in relation to the Fourth Draft Directive which has been revised since the volume was printed to take into account "the true and fair view" concept. Nevertheless the volume is worth a reading. For those with a particular interest in this field it should be read in conjunction with The Harmonization of European Company Law also edited by Professor Schmitthoff which is Volume 1 of the United Kingdom Comparative Law Series. Laurence K. Shields

(Gabrielle)—Administrative Procedures. 8vo; pp. Xv Plus 118; London, Sweet & Maxwell, 1974; £1.20 P a perback. e learned author is a Senior Lecturer of Law i in Th ^Nthampton; she has unfortunately decided to omit e vital rules of National Justice, and the rules of i Ncedure for tribunals. The process of conciliation uer the inapplienable Rent and Race Relations Acts s first dealt with. However, written representations • ^er the Town Plan procedure are dealt with. The £ es tigation procedures under the restrictive practices ^°Urt, which is somewhat similar to our Fair Trade I ^mi s s i on, are then explored; it is stated on the other . n d that the Monopolies Commission has been criti- . e u as being both prosecutor and judge. The objec- ^ n s to Local Government inquiries are fully set out. re gards development plans, many English local ^ faorities endeavoured to secure public co-operation C V having public meetings, exhibitions, films and press ^N'erences. The English Courts, unlike the Irish Nurts, have not had to construe administrative pro- k[ eS ' n r e ^ a t ' o n t o b u m a n rights. An interesting ^ arrar (J. H.)—Law Reform and the Law Commission. jo?' PP- xv plus 151; London, Sweet & Maxwell, U £1.25 (paper); Modern Legal Studies Series. Th Us 6 a u t ^ l o r ' w b ° 1S a Law Lecturer in Bristol, has given b v aluable information about the prospects of Law CI orm in England and Scotland, particularly since the TL . h m e n t the Law Commissions there in 1965. ® utiportance of having a full-time Law Commission l a fifty staff members to consider current problems of reform and statute law revision and consolidation j strongly emphasised, and ad hoc committees on the Q , s h niodel would be strongly depreciated. The Law <^ 0r nmission's valuable report on the Interpretation of j^fates is fully discussed. The position of law reform New Zealand, the United States and France, as th e » as fa e fi e fa °f international relations, such as " avv 5 is fully discussed. The author mentions five factors United Nations Commission on the Internation l avv 5 i f ll i . t r ti fi f t r °pounded by Norman Marsh which are alleged to Ke judicial reform unsatisfactory but his arguments ^ . unconvincing, particularly in the context of a k ° o k n c o n s t ' t u t f a n - interesting introductory hand- ScL . •v, uimtthoff (Clive M.), ed.—European Company Law ext s. 8vo; pp. x plus 322; London, Stevens, 1974; £8. TV U, ls well-timed volume is the seventh in a series pub- t e d under the auspieces of the British Institute of er national and Comparative Law. u n d e r the Treaty of Rome, member states have an

100