The Gazette 1972

all the documents are served, they are banded to one of the Judges who prepares a preliminary report. If the Court requires further information, it may institute further inquiries, including evidence by witnesses, expert opinion and a visit to the scene. Judgments are delivered in respect of substantive questions. Procedural matters are dealt with by Orders. In case of difficulty, the Court may be requested to in f erpret a judgment. Parties may appiy for free legal aid if it is rutatantiated. The Court will follow its own precedents where requested, and will consider Travaux Preparatoircs or legal doctrines of Member States. The Court delivers only one corporate judgment, and no dissenting judgment or appeal against its decision is allowed. In 1971 the Court gave sixty judgments of which thirty-two related to direct actions, and the other twenty-eight were preliminary rulings on references by National Court,. Ninety-six new cases were registered last year—forty-six by officials of the Community, and thirty-seven references for preliminary rulings. The Rules of Procedure require that two Chambers each of three judges shall undertake the inquiry pro- cedure in cases assigned to them; another chamlier will deal with case3 instituted by civil servants of the com- munity against the Community itself. The Registrar to the Court receives, sends, pre- serves, and effects service of all relevant documents, and is responsible for the publication of the cause lists of the Court. A record of every Court sitting drawn up by the Registrar must be signed by the President and the Registrar as an Aete Authentique. Copies may be obtained on payment of prescribed charges (25p per page). The Registrar is also in charge of the publication of the official Court Reports (Receuil de Jurisprudence). The benefits to I* derived from a uniform interpre- tation of the Treaty of Rome by the Court of the Community appear to be overwhelming. into and residence within your country's territory of nationals of the other Contracting Parties? Article 1 Each Contracting Party shall facilitate the entry into its territory by nationals of the other Parties for the purpose of temporary visits and shall permit them to travel freely within its territory except when this would be contrary to ordre public, national security, public health or morality. Article 2 Subject to the conditions set out in Article 1 of this Convention, each Contracting Party shall, to the extent permitted by its economic and social condi- tions, facilitate the prolonged or permanent residence in its territory of nationals of the other Parties. (b> Replies IRELAND (a) ARTICLE ONE OF THE CONVENTION In general an alien landing in Ireland must possess a valid passport or some other ducuments "stablishing identity and nationality. No restrictions of movement within the State is imposed on other Contracting Par- ties' nationals who are allowed into the country. Regis- 192

"As regards damages, Article 215 provides that the Community shall make reparation in accordance with common general principles, for any damage caused by institutions or by its employees in the performance of their duties; this means any wrongful act or default on the part of the Community—i.e. faute de service. The damage caused to the plaintiff mu?t usually l>e abnor- mal, special and direct" (see Kampfmayer, 1967). The Court may thus control: (1) The detrimental economic effects of Community legislation in a Member State. (2) Violation by a mcmljer State of any provision of the Treaty; in this case the Court may impose sanctions if need he. (3) The Treaty making power of the European Com- munity, bv determining the validity of Treaties with Associate States. Points of Practice and Procedure English will be added as an official language from 1973. The procedural language is determined by the rules of p'.occdure. An agent will represent the State or the institution of the Community ^ he Court will determine v. hethcr

What Rights have aliens? What rights have aliens in the Republic arising out of the European Convention on Establishment (1956)

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