The Gazette 1978

GAZETTE DECEMBER1978 LAWYERS PROFESSIONAL IDENTITY CARD

On the 22nd of March, 1977 the EEC Commission emitted a Directive addressed to the Governments of the Member States to facilitate the provision of services by Lawyers. This is the Directive 77/249/EEC and it requires the National Governments to introduce legislation in their respective countries within a period of two years from notification that is by the 24th of March, 1979. One of the provisions of the Directive provides that the competent Authorities of the Host Member States in which the services in question are being provided may require the Lawyer providing those services to establish his qualifications as a Lawyer. At a meeting of the Commission Consultative des Barreaux de la Communaute Europeenne in Luxembourg in April, 1977 at the suggestion of the Irish Delegation it was decided that it would promote a form of Lawyers Professional Identity Card which would serve the purpose of fulfilling this requirement. The card, in the six official languages of the community, will be exactly the same for lawyers from all nine countries but is intended to be issued to Lawyers by each of the Bars constituting the Commission Consultative. The form of the card, drafted nearly in its entirety by John Cooke, Barrister-at-Law, the Barrister representative of the Irish Delegation, is intended to be contained in a plastic holder to fit easily in ones pocket and, it is hoped, will in time become instantly recognizable and acceptable throughout Europe by all the competent Authorities and those dealing with Lawyers in general. A copy of the form appears at the end of this Article. The Law Society is presently in the course of drafting a form of application for Irish Solicitors who wish to apply for such a card. It is probable that the conditions of holding a card will include the holding of a current Practising Certificate, Membership of the Society and a compliance not only with the Society's Rules but such of the Rules of Professional conduct in the Host Member States as will apply to a Lawyer providing services under the Directive in such Host Member States. The Society are also at present in touch with Officials of the Department of Justice in relation to the terms of the Irish Legislation which will govern the provision of services by Foreign Lawyers of the Community in Ireland. On the occasion of the meeting of the Commission Consultative in Brussels the first Identity Cards to be issued were formally presented by the EEC Commissioner with responsibility for Internal Affairs and the Liberal Professions, M. d'Avignon. This presentation was the occasion also of a Press Conference followed by a short reception and lunch given by the Commission Consultative for various Officials of the Commission and it was quite clear that all those present were impressed by the foresight and efficiency of the Legal Professions in making provision for the Identity Card and the wish was expressed by a number of Officials that other Professions might consider doing likewise.

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EUROPEAN SCALE "VOEU DE BORDEAUX" ON DISCIPLINARY ACTIONS The Consultative Committee of the Bars and Law Societies of the European Community expresses the wish that where any pursuit of activities by way of provision of services effected by a lawyer gives rise to fundamentally divergent views between the professional authorities of the host member State and the member State of the lawyer concerned such two professional authorities will establish contact and enter into discussion before taking any steps leading to disciplinary action unless exceptional circumstances in the particular case objectively justify immediate action and if they are unable to agree the principles involved and if so desiring, they may together seek the guidance of the Council of Advice and Arbitration of the Consultative Committee of Bars and Law Societies of the European Community without prejudice to the rights of the individual lawyer under the Directive of 22nd March 1977. Bordeaux, April 22, 1978.

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