The Gazette 1975

to Regulations, Decisions and Directives. In Schorsch- Meier v. Hennin (1975) 1 -All E.R., the English Court of Appeal held that foreign creditors were entitled to receive payment for their goods in their own cur- rency, i.e. German Marks. It is to be noted that Statu- tory Instruments relating to Community Law may not (1) provide for the imposition of taxation, (2) be retrospective, (3) confer the power to enact sub-dele- gated legislation, and (4) create a new criminal offence with a punishment exceeding 2 years imprison- ment or £400 fine on indictment. In England, if the terms of the statutory legislation are clear and un- ambiguous, they must be given effect to, but in Ireland, one must consider primarily whether the statute con- cerned is constitutional. If the legislation is ambiguous, one must resort to the text of the Treaty. The aim of Article 177, which prescribes a reference by the National Court to the European Court, is to ensure uniformity of interpretation of the Treaty by the National Court. In theory, any administrative tri- bunal with judicial powers may refer a question of Community Law to the Court. It is to be noted that the European Court will not interpret National Law nor will it apply its interpretation to the facts of the case. Under the doctrine of the "Acte Clair", it is not necessary to make references to the Court if other cases have already clarified the point. The Court of Appeal pointed out in Bulmers Ltd. v. Bollinger (1974) Ch.D., that the way in which a National Court should exercise its discretion war a matter for the National Court alone. The application of Treaty interpretation to specific facts, national legislation and questions of fact must always be left to the National Court. It will be seen that this is a most practical book in determining the respective circumstances when to apply to the National Courts or to the Community Court. The guidelines in respect of each Court appear to be more or less fixed, and we are very much in Mr. Collins' debt for having given us so many practical examples. This book is indispensable to any practitioner who ever contemplates arguing Community Law before a National Court.

haps, in view of the specialist nature of this work, the relatively high price was inevitable.

Collins, Lawrence—European Community Law in the United Kingdom. London: Butterworth, 1975; £7.80; xxv, 170p. The solicitor author is a partner in a large London firm, and also Director of European Community Legal Studies in Cambridge. The main object of this work is to indicate the relationship between Community Law and National Law, and to show how Community Law is to be applied in English Courts. It deals practically on structural and procedural aspects of Community Law within the context of English Law. The first chapter deals with the relationship between Community Law, National Law and International Law. The rules of Community Law derive their force from the Com- munity Treaties Treaties, according to the Irish Con- stitution, are not self-executing, and require the consent of the Dail to come into force; in any event, the treaty-making power resides in the Government. The existing rules appear to be : (1) While the European Communities Act, 1972, remains in force, existing directly applicable Community Law will be the law in Ireland, (2) Community Law which is not directly applicable will have no force in Ireland until given effect to by statutory instruments, (3) Directly applic- able Community Law enacted subsequent to the Act will normally take effect in Ireland. If an Irish Court does not refer a question of construction to the Euro- pean Court in Luxembourg, it must interpret the pro- vision according to Community Law, which includes not only the Treaties, but secondary legislation and Court decisions. Any rights created and in accordance with Community treaties must be enforced by National Courts; a provision will have direct effect if (a) it is clear and precise, (b) it is unconditional and un- qualified, and (c) must not concern Member States in their relations inter se. This applies in different respects

Dublin Solicitors Bar Association The Annual Dinner of the Association was held in the Library of Solicitors^ Buildings on Saturday, 6th December, 1975. Amongst the guests were the Chief Justice (the Hon T. F. O'Higgins), the President of the High Court (Mr. Justice Finlay), the President of the Circuit Court (Judge Durcan), Judge Ryan, Judge Sheehy, Judge Clarke, Judge Martin, the President of the District Court (Justice O'Flynn) and some Dublin District Justices, including Justice James Kelly. The

toast of "Our Guests" was proposed by the President of the Association, Mr. David Pigot, and responded to by the President of the Law Society, Mr. W. A. Osborne. The toast of "The Association" was proposed by Mr. Justice Finlay, President of the High Court, and responded to by Mr. Laurence Shields. Mr. Rory O'Connor arranged the customary musical programme, which included Mr. W. McMahon and Miss Mary Sheridan, and which was enjoyed by all.

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