The Gazette 1979

JULY-AUGUST

1979

GAZETTE

Solicitors' Apprentices' Debating Society of Ireland

Address by The Auditor, Liam T. Cosgrave, on "Political and Economic Unity for Europe Myth or Reality" at the Inaugural Meeting of the Society on Friday, 26th January, 1979, in Solicitors' Buildings, Blackhall Place, Dublin.

judgment and this foresight that gave to the Community the momentum that carried it through the first 20 years of its existence and that gave it the resistance to survive, with minimal damage to its fabric, a recession whose origins and whose magnitude were certainly not con- ceivable to politicians and planners two decades ago. They had the foresight to see that progress towards political integration required as a condition precedent a solid basis of economic integration. They planned accordingly and to this we owe the extreme con- centration of the Rome Treaty on economic matters and its virtual silence on political aspects of European integration. They were right in starting with the idea of a Customs Union, not confined simply to the freeing of trade and the establishment of a common external tariff but also including stringent provisions designed to secure the elimination of non-tariff barriers to trade whether these took the form of cartels, monopolies, State aid or obstacles to the free movement of the factors of production. The institutional structure which they in- vented also contained a number of elements which proved of crucial importance in maintaining throughout so much of the following two decades the momentum of the development of the Community. They guessed that the enthusiasm of Governments for economic and political integration, although it might have sufficient strength and vigour in the 1950s to enable six Govern- ments to sign the Rome Treaty, might wane in the years that followed and that to leave the initiative in respect of the many developments that would have to take place during the period of evolution of the Community exclusively to member Governments subjected to domestic pressures would be dangerous and possibly fatal. It was this insight that led to the development of the concept of a European Commission, independent of member Governments and having an exclusive power of initiative subject only to the right of member Govern- ments to request the Commission to study matters con- sidered desirable for the attainment of common objectives and make proposals on them. Also they saw the danger that national Courts might interpret this Treaty in different ways and they achieved a solution to this by giving to the Court of Justice of the European Community the final power of interpretation and judg- ment of the Treaty. This would be a power which could bind national Goverments. The harmonisation of laws within the Community is a complex task. It will take time to implement and involve Legal and administrative changes some of a far-reaching character. In the future a new code of European Law will mean changes in some domestic laws of member States. These developments were recognised by the founders of the Community. Implementing these changes is a matter for the Legislators and Jurists in the member States. But inevitably the structure of the Treaty had weaknesses and it is worthwhile perhaps to list some ot 99

The 95th Inaugural Meeting of the Society was held in Blackhall Place on Friday, 26th January, 1979 at 8.00 p.m. In the absence of the President abroad, Mr. P. C. Moore, past-president, presided. The minutes of the previous meeting were read with the customary humour. Mr. Moore then presented the following awards for the 94th session:- Oratory — Incorporated Law Society's Gold Medal: David Leon; Society's Silver Medal: Adrienne Grant. Legal Debate — President's Gold Medal: Maria Durand; Society's Silver Medal: Liam T. Cosgrave. Impromptu Speeches —Vice-President's Gold Medal: Eugene Tormey; Society's Silver Medal: Finian Branigan. Irish Debate — Society's Parchment: Frank G. Nyhan. Replica of Auditorial Insignia — Michael D. Murphy, B.C.L. Mr. Moore then called on the Auditor, Mr. Liam T. Cosgrave, to deliver his Inaugural Address. POLITICAL AND ECONOMIC UNITY FOR EUROPE - MYTH OR REALITY I have chosen as the topic for my Paper "Political and Economic Unity for Europe" because I believe that the European Economic Community has reached a stage in its development when either its future could more than fulfil the aspirations of its founders or and it is a real danger it could go seriously wrong. Also since decisions from Brussels are affecting each and everyone to a greater extent than ever before the question can be asked whether the Community has taken on a role of even greater significance than ever its founders could have envisaged and one must ask that if the new momentum is to be in- jected whether changes or amendments to the treaty itself ought to be considered because events have occurred whose magnitude were certainly not conceivable to politicians and planners two decades ago. The Community has been visibly marking time for several years and as we stand here at the beginning of 1979 let us look at several factors which could literally make or break the Community and as a result achieve or knock the hopes of political and economic unity for Europe. I propose to take a brief look at the Rome Treaty in the light of hindsight with a view to identifying its strengths and weaknesses. Then to look at what effect the Direct Elections and the possible enlargement of the Community will have on the attaining of greater political unity. Then to examine the prospects of economic unity among countries whose markets and economies are so diverse that real economic unity seems beyond reality. Those who drafted the Treaty 20 years ago showed remarkable judgment as to the obstacles to be overcome in moving towards economic and political integration of the member states and remarkable foresight as to the type of structure that could be established which would have within itself the leverage necessary to secure continuing progress towards that goal over a period of many years and in the face of inevitable obstacles. It was this