The Gazette 1978

GAZETTE

DECEMBER 1978

familiar with those Articles in the Treaty from which the Court of Justice draws its jurisdiction and the procedures under which that jurisdiction is exercised. Gerald J. Moloney.

THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES by Gregg Myles LL.M., LL.B., Dip. LL. (Crimin.), Solicitor Belfast: The Northern Ireland Solicitors' European Group, 1978 A wealth of information which quite belies its size is contained in this 36 page Booklet. The Role and Organisation of the Court, Enforcement of its Judgments in Northern Ireland, the Court's Attitude to Interpretation of the Treaty of Rome and Community legislation, and its future are dealt with in 8 pages while 22 pages are devoted to the questions of Jurisdiction and procedure and 6 pages to 253 references. The preface by Jean-Pierre Warner the British Advocate General attached to the Court of Justice says that all "who are anxious to make the Community Legal System work as well as possible for the benefit of every European have cause to be grateful to him" (the Author) but in my opinion every Lawyer who has the least interest in finding out how the new European Law arising under the Treaty is put into effect and how this new law can effect the domestic law in any of the 9 States also have cause to be grateful to him. Not only does the Book contain a great deal of practical information but it also gives a very good idea of the areas in which any Lawyer may have to hesitate and consider whether some aspect of Community Law may apply to the circumstances on which he is advising and how the national situation is affected. In general the style is simple and clear. The considerable research which, obviously, was necessary has been distilled and distilled again so that nearly every sentence contains new useful information. Many are elaborated by the many notes the Author refers to throughout. Save in the opening paragraph when he uses the full title of "Court of Justice of the European Communities", the Author refercs to " t he Cou r t" which is unobjectionable or to "the European Court" which I think is a term to be avoided. In the Book under review it causes no confusion but when used elsewhere this term leads to confusion with either of the 2 Courts which sit in the Hague and Strasburg. A somewhat more practical criticism which might easily be remedied in any subsequent edition is the omission of any index and an omission of the list of Statutes and Rules of Procedure and where they might be obtained. Such omissions tend to detract somewhat from the Book as a practical Reference Book. There is also an apparent contradiction on page 22 dealing with the question of relief for non-contractual liability under Articles 178 and 215 (2) of the Treaty. The Report of Lutticke GmbH v Commission is quoted as authority for the statement that for liability to lie the behaviour of the Community Institution must be illegal while another reference (referring to an Article in the 1976 European Law Review and an Article by Lord MacKenzie Stuart in the 1975 Common Market Law Review) is quoted as authority for the statement that "a Community Institution can be liable for harm caused by an act infringing (the principle).. .even where the legality of the act itself is not in question." Notwithstanding these criticisms I consider this Book a must for every practising Lawyer who is not already fully

SOCIETY TO SPONSOR JOHN MATHEWS LECTURE

The Society has decided to sponsor a Lecture in memory of the late John Mathews who died in 1978 at the age of 32. John Mathews who was a Partner in the firm of McCann Fitzgerald Roche & Dudley had been the Society's Lecturer in Conveyancing and had been a Member of the Society's Education Advisory Committee from its inception until he was compelled by illness to resign. It is fitting therefore that the Lecture should be held on the occasion of the opening of the Society's new Professional Training Course. The Lecture which will be held in the Law Society, Blackhall Place at 8.15 p.m. on Monday the 19th February 1979 will be given by Kevin O'Leary and will be entitled "Current trends in Professional Legal Training". Kevin O'Leary is the founder and Director of the Professional Workshop at the Australian University at Canberra and is a Pioneer of Legal Training Courses. He is also a former Chairman of the Law Council of Australia. All Members of the Society are welcome to the Lecture.

THE LAW SOCIETY Vacancy for Assistant Examiner in Real Property

Applications are invited not later than 16th February, 1979 for the post of:

Assistant Examiner in Real Property

Particulars may be obtained from: DIRECTOR GENERAL, The Law Society, Blackhall Place, Dublin 7.

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