The Gazette 1985

GAZETTE

APRIL 1985

at the higher rate for overseas students. MacMahon brought proceedings in the High Court claiming that these provisions were contrary to the articles on free movement of workers and the relevant EEC Directive. It was conceded that MacMahon was a worker, and Dillon, J., having examined the Community provisions and the arguments of the Department seeking to justify the residence requirement and the higher fees for foreign students, concluded that they amounted to covert discrimination, and held that the three-year residence rule and the higher scale fee could not lawfully be applied to MacMahon who was covered by Article 7(3) of EEC Directive 1612/68. One interesting feature of many of the cases relating to security rights of EEC nationals which are referred to the Court of Justice in Luxembourg is that they may be referred by administrative tribunals or officials in the different Member States. The equivalent in Ireland would be a deciding officer or appeals officer, or possibly the chief appeals officer of the Department of Social Welfare. It is not at all clear whether the civil servants exercising the functions of these offices would be aware that they would have the capacity to refer questions of law to the Court of Justice under Article 177 for a preliminary ruling. A similar point arises with regard to the next area to be examined, the impact of Community law on equality between the sexes. It will be noted that there have been a number of references from the Employment Appeal Tribunal in the U .K., arising out of equality cases on which a ruling has been sought by the Court of Justice. Again, the question may be posed as to whether the Labour Court is fully aware of this potential jurisdiction, and secondly, is prepared — if so aware — to exercise its discretion in appropriate cases to seek a preliminary ruling from the Court of Justice. Footnotes 1. Council Directive 63/261/EEC, O.J. Sp.Ed. (1963-64) p. 19 Council Directive 63/262/EEC, O.J. Sp.Ed. (1963-64) p.22 Council Directive 67/530/EEC, O.J. Sp.Ed. (1967) p.228 Council Directive 67/531/EEC, O.J. Sp.Ed. (1967) p.230 Council Directive 67/654/EEC, O.J. Sp.Ed. (1967) p.287. Mary Laffoy "Section 45 of the Land Act and the Right of Establish- ment in European Communities" Journal of I.S.E.L. Vol. 6 (1982- 83) p.26. Finbarr Murphy "Section 45 of the Land Act 1965 and the Right of Establishment in Community Law". Journal of I.S.E.L. Vol. 6 (1982-83) p.32. 7. Case 182/83, Judgment delivered on 6 November 1984. 8. The word SEDOC used in all the languages of the Community comes from the abbreviation of the French title "Systeme Européen de Diffusion des Offres et des Demandes d'Emploi Enregistrées en Compensation Internationale" (European System for the Interna- tional Clearing of Vacancies and Applications for Employment). 9. Booklets giving details of the provisions relating to social security in the different Member States can be obtained from the Department of Social Welfare. 10. Case 1/78, [1978] ECR 1489. 11. Case 143/79, [1980] ECR 1639. 12. The Decision of Social Security Commissioner (formerly National Insurance Officer) is reported in [1984] CMLR 398. 13. For a full analysis of this area see: Philippa Watson "Social Security Law of the European Community" 1980 Mansell Publishing. 14. Judgment of High Court (Chancery Div.) 16 July 1982, reported in [1982]3 CMLR 91. • 2. Council Directive 63/261/EEC 3. Council Directive 63/262/EEC. 4. Case 2/74, [1974] ECR 631 at p.652. 5. S.I. 144 of 1983. 6. See further —

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