The Gazette 1995

GAZETTE

M EDIWH M ARCH1995

health. At all events, regard must be had to the fair balance that had to be struck between the competing interests of the individual and of the community as a whole. In the instant case, the waste- treatment plant in issue had been built to solve a serious pollution problem in Lorca but as soon as it had started up. it had caused nuisance and health problems to many local people. The town council had reacted promptly by rehousing the residents affected, free of charge, in the town centre for the summer months, but its members could not have been unaware that the problems had continued after the partial cessation of the plant's operations on 9 September 1988. The Court noted that the municipal authorities had failed to take steps to protect the applicant's right to respect for her home and for her private and family life. to it, the respondent State had not succeeded in striking a fair balance between the interest of the town of Lo r c a 's economic well-being (that of having a waste -treatment plant) and the applicant's effective enjoyment of her right to respect for her home and her private and family life. In the Court's unanimous opinion, there had accordingly been a violation of Article 8. (right to respect for private and family life and the home). The court awarded the applicant compensation for damage and a sum for costs and expenses. The Court accordingly held that, despite the margin of appreciation left

CCBE UK Delegat ion Meet at the Law Society

The CUBE group photographed at the I.aw Society in January. From left to right (front row): Mr. Richard MeComhe, Q.C.; Mr. Michael Irvine, Chairman of the Law Society's EU Si International Affairs Committee; Mr. John Dowling, Director, Bar Council; Mr. Michael Deakin; Mr. Ian I). Dunhar; Ms. Su/iinne Bryson; Mr. Matthew Clarke, Q.C.; I lead of the U.K. Delegation; Mr. Patrick A. Glynn, President, l.aw Society; Mr. John Pish, Head of the Irish Delegation; Ms. Margaret Byrne, Irish Information Delegate. Back Row: Mr. Ken Murphy, Director General, Eaw Society; Mr. Eoghan I'it/sinions, S.C., Mr. Aidan Canavan, President, l.aw Society, Northern Ireland, Ms. l.indsav Paterson, Mr. Hamish Adamson, Ms. Fiona Woolf.

At the invitation of the Irish Delegation, the UK Delegation to the Council of the Bars and Law Societies of the European Community ( CC B E) held its delegation meeting in Dublin on 30 January, 1995. Members of the Delegation attending represented the Bars and Law Societies of England and Wales. Scotland and the Law Society of Northern Ireland. The Members of the Irish Delegation attended as observers. The main item on the agenda was the European Commission's recently published draft directive on e s t a b l i s hment of lawyers in a Member State other than that in which they qualified. This proposal is the Commission's response to the C C B E ' s own model draft presented to the Commission two years ago.

Both Delegations are very concerned that it departs from the C C B E draft in two significant respects. Firstly, instead of allowing an unlimited right of establishment, it allows lawyers only a temporary right, for a period of five years, to practise under home title in the host Member State, after which time they will have to decide whether or not they wish to be admitted in the host Member State or cease practising there. Secondly, the provisions regarding automatic admission to the Bar of the host Member State after a three year period raise issues of competence, quality control and consumer protection. Since this meeting C C B E Working Group meetings have been held to try and reach a compromise position on these issues.

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