The Gazette 1995

GAZETTE

NOVEMBER

1995

State. EU law is already here. In fact it is estimated in the United Kingdom, and I do not believe the position is much different in Ireland, that "over a third o f existing UK legislation arises from an obligation to implement EC law and this proportion is likely to increase." 40 There is no doubt that this trend is likely to increase - it has been reckoned almost 7 0 % o f future business law is likely to be derived from the EU. 41

branch of Irish law, it is even more 1 difficult to be an expert in all areas of EU law.

problem of getting access to the port of Roscoff. The whole procedure took from 8 February 1995 to 16 May 1995. How long would it have taken had the matter gone to court?

Keep an Open Mind

Compliance Programmes

Keep an open mind. T oo often, Irish solicitors tend to think of taking all cases to court. Mention o f EU law means a call to Luxair! It may not be the simplest, most expeditious or indeed the best strategy to institute court proceedings. Negotiation between the parties based on EU law may be the better strategy. Or a complaint to the European Commission may be more appropriate.

Notifications to the European Commission on competition law matters are important and can be critically important to ensure the enforceability of an agreement and the avoidance of penalties. Solicitors often over-dramatise the whole EC competition law procedure and this often means that clients are put o ff by the complexity and cost of the procedure. Instead, solicitors can market competition compliance programmes to their clients. Many English and Irish solicitors appear to think that "lobbying" is just not cricket. They believe that this is somewhat beneath their professional standing. Ye s, inappropriate lobbying is inappropriate. However, solicitors can assist their clients no end by skillful, tactful and appropriate lobbying or influencing. S ome solicitors' firms in the UK have established specialist lobbying groups or units. 42 If is often possible to influence a draft measure which is about to be adopted by the European Commission so as to avoid a problem down the road. Quite obviously, lobbying of the European Courts would be wholly inappropriate but lobbying of other institutions may be very effective for a client. | Let us turn for a moment to the education of Irish solicitors in the I realm of EC law. 43 The system of teaching EU law to Irish students is, in general (there are exceptions), somewhat misguided. There is too | much emphasis on the constitutional, institutional, historical and political aspects of the EU. While these areas are very important, a greater emphasis I should be placed on the substantive, practical and procedural aspects of EU Lobbying : Conclusions •i i Changes are needed.

Offices

In an age of global communication there is no great need for a solicitor's firm/practice to be physically located in various offices throughout Europe.

Conferences

Keep in Touch with Developments

Conferences are an important way not only of marketing but also of educating oneself. At conferences one often hears insights which go beyond what is available in the textbooks.

EU law can be difficult. It is evolving rapidly. It is highly specialist in many areas. The sources are not always easily available. It is important to keep abreast o f developments in the official journal, the European Court Reports/Common Market Law Reports, the specialist journals and the multitude o f other sources. The competition law rules relating to joint ventures clearly demonstrate that solicitors cannot advise solely on the basis of the jurisprudence of the European Courts. The competition law rules on joint ventures are largely the rules elaborated by the European Commission rather than the European Courts. Access to EU law books is again extremely important. The various European Union Documentation Centres around the country should be availed o f by solicitors. There is no area of the law which has resulted in and needed such an outpouring of legal literature as EU law. It is imperative, if Irish solicitors are to keep abreast of developments, to actually read the literature.

Find the Quickest and Best Solution for the Client

There have been some cases taken from Ireland to the European Court of Justice. However, one must seriously consider whether a solicitor advising a client is always wise to recommend

taking a case all the way to the European Court o f Justice. The

procedure is, in some cases, somewhat long and tortuous when you include the national appellate process as well.

Client Base

The firm's existing client base is often extremely useful in developing an EU practice. It is always much easier to sell a new service to an existing client than to sell an existing service to a new client.

Areas of Opportunity/New Opportunities

Competition law continues to be useful to Irish solicitors in trying to develop an EU practice. Recent cases such as the Irish Continental Group/CCI de Morlaix (Port of Roscoff) demonstrate how an Irish company (Irish Continental Group) can, within a very short space o f time, seek a European solution to the practical commercial

Be Professional

It is difficult to dabble in EU law. It is better to c ome to grips with a particular area rather than seeking to be an expert in everything - just as it is not possible to be an expert in every 278