The Gazette 1994

GAZETTE

MWH JUNE 1994

The text of the resolution of the European Parliament is interesting from several perspectives. The Parliament considered that the completion of the internal market would lead to a substantial increase in notarial activity in all Member States of the Community within the single market. Accordingly, the Parliament considered it particularly useful to examine and carry out detailed assessments of the organisation of the profession of notary. Common characteristics of the notary in the 12 Member States of the Community were considered by the Parliament. The Parliament classified the most important common characteristics as being: • a partial delegation of State sovereignty to carry out a public service in respect of the authenticity of contracts and evidence; • independent public-service activity exercised within a liberal profession (subject to exceptions), and subject to supervision by the State - or by the statutory body to which this responsibility is delegated by the public authorities - as regards compliance with requirements governing notarial acts, regulated scales of fees imposed in the interests of clients, access to the profession or the organisation thereof; • a preventive role in relation to judicial proceedings, by eliminating or reducing the risk of litigation; In the context of Article 55 of the EC Treaty (exceptions on the basis of the exercise of official authority by Member States) the European Parliment considered that the existence of a partial delegation of the authority of the State was an element inherent in the exercise of the profession of a notary and this constituted valid grounds for not applying to that profession provisions on freedom of establishment and freedom to provide services which were not to apply to activities which and • an impartial advisory function.

Luxembourg, on "Community Law as a Source of Rights and Remedies in the Irish Legal Order"; Mr. John Handoll, Stephenson Harwood, Brussels, on "The Protection of National Interests in EU Law with particular reference to Ireland"; Mr. Gerard Hogan, BL, Trinity College, Dublin, on "Implementation of EU Law in Ireland"; Mr. Vincent Power, A&L Goodbody, Solicitors and Chairman of the Society, on "EU Competition Law and Ireland"; Mr. Bryan Sheridan, Group Legal Adviser, AIB Group, on "EU Financial Services Law in Ireland in relation to Banking"; Judge John Murray, Judge of the European Court of Justice, Luxembourg, delivered the key-note address. Mr. John Cooke, SC, spoke on "Litigation of EU Law in the Irish Courts" and Professor Bryan McMahon, Partner, Ignatius Houlihan, Ennis and Professor of Law at University College Galway, spoke on "European Union Law and the Irish Country Practitioner". Copies of the written papers are available from the Registrar of the Society, Solicitor's Office, Telecom Eireann, 52 Harcourt Street, Dublin 2, Tel. (01) 671 4444, ext. 5930, fax (01) 679 3980 at a ft ice of £ 12 including package and postage. The Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994) replace all existing Regulations under the Local Government (Planning and Development) Acts, 1963 to 1993. All Parts of these regulations, other than Parts X and XIII, correspond, subject to additions, omissions and amendments, to provisions of the regulations revoked. Part X establishes a new procedure of public 177 Planning Regulations

in a State were "connected, even occasionally, with the exercise of official authority". "The earliest civilisations had officials of great intellect, versed in the art of writing who carried out functions similar to those performed by the Notary of today." In Ireland, the Dean of the Faculty of Notaries Public is Mr. Walter Beatty, Solicitor, a former president of the Brendan D. Walsh, Solicitor, Dublin. Interested readers are referred to the Practice Note "Applications for Notaries Public - RSC Amended" published in the Gazette, May 1994 (Vol. 88 No. 4, p. 139). The Irish Society for European Law celebrated its 21st anniversary by holding a one-day conference to consider the theme of "European Union Law in Ireland: the First Twenty One Years". The conference was held in the Conrad Hilton Hotel, Dublin, on Saturday April 23, 1994. The first constituent meeting of the Society was held on October 23, 1973. The objects of the Society include the study of all aspects of the law of the European Communities, of the institutions of the European Communities, the law (both public and private) of the Member States of those Communities and all other European States. Membership of the society is open to all "jurists in Ireland" and to other persons who satisfy the Committee that they are fit and proper persons to be admitted. The Hon. Mr. Justice Brian Walsh has been President of the Society since its establishment. Written papers were presented to the Society on April 23, 1994 by the following: Mr. Tony Collins, Legal Secretary, European Court of Justice, Law Society, Dublin, and the Registrar of the Faculty is Mr. The Irish Society for European Law