The Gazette 1989

GAZETT Viewpoint

GAZETTE

AUGUST 1989

INCORPORATE D LAWSOCIETY OF IRELAND Vol.83 No.8 August 198

In this Issue Viewpoint

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No Need to Notify? Block Exemption Agreements under Article 85 of the Treaty of Rome The European Economic Interest Groupings Why you should join Solicitors Financial and Property Services. Practice Notes Recognition of Higher Education Qualifications (Diplomas) Younger Members News Interview with Thomas O'Higgins Annual General Meeting of SYS Article 5.1 of Brussels Convention From the President

away. This system will only be of value, however, if solicitors identify the occasions when it can be availed of and then actually use it. In practical terms, how relevant will 1992 be for solicitors in Ireland? It is impossible to respond to such a question without speculating on the future of the legal profession in Europe generally. At the European Summit meeting in Madrid on 26th and 27th June 1989 the Delors Committee report on Economic and Monetary Union domi na t ed the agenda. The metaphor of a train leaving a station was much used to describe the result. That all the passengers were aboard is, for the moment at least, more significant than the now notorious lack of unanimous agreement among them as to either the length, or even the ultimate destination, of the journey. To most observers, however, it appears that a powerful process has com- menced which will lead to more and more important decisions, effecting all our lives, being taken at European rather than national level. As Peter Sutherland has pointed out, the European Community operates exclusively through mak- ing and enforcing laws. All laws require interpretation and applica- tion on the basis of legal principles, existing statutes and precedent cases. Lawyers invariably do well in a federal system and from this one might conclude that the future for the legal profession in Europe must be rosy. The more law that is created the more work there will be for lawyers. That is far too simplistic an analysis, however. The whole thrust of 1992 and of Community orientation generally is towards free and open competition. Whether regulating or deregulating (and often it is difficult to distinguish the two) the Community does not look at professions but at activities. If the legal profession competes well (Contd. on p.257)

"The Law Society should consider opening an office in Brussels to help keep the Solicitors' profession fully advised about 1992 legal developments". So said Peter Sutherland in Blackhall Place at the recent launch of 'EURLEGAL' - the Solicitors Profession's response to 1992. In the course of a characteristi- cally e l oquen t, incisive and thought-provoking address the former European Commissioner spoke of the enormous opportunity which the legal profession could lose to other advisers if it is not as geared up as they are to provide up- to-date information and analysis of the changes which 1992 is bringing to business, both in Ireland and throughout Europe. He once again made the point, one that is usually missed about 1992, that it is a legal programme. Law lies at the very heart of the European Community. The Com- munity itself was created by law, it has created its own system of law and all of its activities operate through this legal system. Although the objectives of the 1992 pro- gramme are political and economic, the programme itself is comprised entirely of law - literally hundreds of new laws all of which will have effect in Ireland. All business activity is pro- foundly effected by the legal frame- work in which it is conducted. What is or is not legally possible for a company and its competitors is fundamental to every commercial decision. It is important for every business to know the law from two points of view. The first is compli- ance and the second is analysis which allows response to the opportunities which the law provides. Conc l ud i ng his speech he expressed himself to be very pleased wi th the advent of the JUSTIS on-line European Com- munity Law data base. Through this the basic information to deal wi th any client query is only a phone call

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Correspondence Braille Irish Law book launched Book Reviews

Professional Information

Cover Photo: (left to right) John Fish, member of the Law Society's EC (1992) and International Affairs Committee, Margaret Byrne, Librarian, and Ken Murphy, Chairman of the Committee.

Executive Editor: Mary Gaynor Committee: Geraldine Clarke, Chairman Eamonn G. Hall, Vice-Chairman John F. Buckley Gary Byrne Patrick McMahon Charles R. M. Meredith Advertising: Seán Ó hOisín. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Daire Murphy John Schutte

Published at Blackhall Place, Dublin 7. Tel.: 710711. Telex: 31219. .. Fax: 710704.

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