The Gazette 1989

GAZETTE

JANUARY 1989

the level of the individual practitioner; a corporate response is required. There can be no doubt about the need for the Irish Centre for European Law. It is a development which is fully supported by the European Commission and which deserves support from the legal community, national administra- tion, the educational authorities, business and the trade unions. I hope it will become a tangible, permanent structure which will endure after all the words about 1992 have died on the wind. I am fully confident that it will grow into something of immense significance and support to all sectors of the nation as well as making a significant contribution to the practice of European law through- out the Community. • ISLE OF MAN Messrs Samuel McCleery Registered Legal Practitioners in the Isle of Man, of Derbyhaven House, Derbyhaven, will be pleased to accept instructions, by their resident partner Mr. S. McCleery from Irish Solicitors in the formation and administration of resident and non-resident Isle of Man Companies.

Secondly, the legal profession is, of course, covered by the recent Council common position on a general system for the recognition of higher education diplomas awarded on completion of pro- fessional education and training. Subject to an additional adaptation test, lawyers whose diplomas are recognised in one Member State will be free to practice in any other Member State. I do not propose to get into more detail on this agree- ment because it is to be the subject of further consultation by the Parliament before its final, formal adoption at the end of this year. It is envisaged that mutual recognit- ion will be operational from January 1991. The longterm impact of the decision will be to allow lawyers from other Member States to appear in Irish courts and to give legal advice as well as to set up permanently in Ireland. Equally, of course, Irish lawyers will be able to offer their services in other Member States. But remember that most other Member States follow a civil law code. European Community law therefore will be the most transferable branch of law as well as the one where there is likely to be the greater volume increase in legal proceedings. Forum Shopping Finally, let me develop a further general consideration. If, as I have argued, the law will become in- creasingly international, then there will inevitably develop forum shopping. How does the Irish legal system compare, as a system for the provision of rapid, efficient and authoritative judgements with other legal systems? How do Irish legal costs compare? What is to prevent the Irish legal system from becoming a centre of excellence within the European framework? In Ireland we have companies and organisations that are able to gain significant niches or shares of the world market in their fields, be it in packaging or aircraft leasing. The International Financial Services Centre and the Trading Houses also represent institutional efforts to capture markets in international services. There can be no doubt that there is fast developing a comparable European market in legal services. An adequate response, if Ireland is to get a share of this market, cannot occur just at

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