The Gazette 1976

GAZETTE

March 1976

of our profession, independance, be given priority. It is certainly not my intention to recommend a change of direction in the way in which the Commission works. You all know by my main objection: we work too slowly and we run after the facts. But it appears that this sacrifice has to be made if this body is to consist of the summit of our profession. Looking ahead along the line of the prospects the question arises whether the task, which the Commission has taken on its shoulders, can be accomplished in the future and whether it can satisfy the needs which will arise. In the Gazette du Palais (Paris) of Thursday I4th August Me Jacques Mauro has paid attention to what he calls "la collectivité européenne d'avocats", which, in his view, already exists and which, as he concludes, can almost be regarded "á l'état de devenir certes mais irresistible" as "un barreau européen qui réunit tous les avocats du Marché Commun". In my position 1 am bound to look upon the Euro- pean future of our profession with optimism. The view of Me Mauro cannot be qualified as optimism, though progressive as it may seem at first sight. I do not believe that the European ideal will consist of a merger in one Bar and the uniformity of all advocates. In the first place we should realize that the Bar — although it has to adapt itself to developments of society — exists owing to the traditions, which differ from country to country and even from district to district. Many traditions are abandoned due to modern developments, others will 1'ose significance as a con- sequence of the transnational practice and may not be maintained, but there is no reason why their value cannot be recognized on the local level. This implies that an important part of the autonomy of the local Bar should be maintained, also within the scope of a possible European form of organisation. In addition the development of our profession in our countries appears to be very different. Again and again one can conclude that the very nature of our pro- fession, its moral constitution, is equal for all of us. One can discover thereafter that lower level differences of application can be found, which cannot be bridged in one day despite all our good intentions. In the third place the substance with which we work consists of national! legislation: one cannot think of a unification of all national legislation on a European scale anymore than one can think of one uniform, integrated Bar. Thus, I do not believe — as M

for the construction of a European consolidation, partly by the Commission Consultative. In that case the delegations would consider themselves not only as members of a representative body, which national interests should defend, but as the body that finds ways for the coordination and harmonisation — a purpose for which the Conseil d'Avis et d'Arbitrage is created. A distribution of the tasks among the national organisations and the Commission Consultative can satisfy all needs excepting myself. The mission, which the Commission has accepted, to make an all embracing study of what divides us and what unifies us in legis" lation, professional rules and practice is too heavy. We are chosen from among the top of our profession, from among those who know to place the significance of our profession in their national communities; but those are the member advocates who have a full day's work, who have little time to engage in a study of the size which 1 described. Yet the accomplishment of that study is of paramount importance, if we want to re- solve the problems which will arise as a consequence of further harmonisation. I may remind you of examples as the necessity of a protection of the pro- fessional privileges in all countries of the Community and of a complete revision of professional and de- ontological rules. The Bars will not be able to finance such a venture, but we have to make every effort that it comes into being. It is everyone's responsibility, both of the Commission Consultative and of our professional organisations to ensure that such study will be set up without delay. That is impossible for full time advocates, as it requires the full dedication of a few persons, who know our profession and who have been freed from other duties. We will have to consider the institution of an "Institut Européen des Barreaux". Less than ever can our society, which will not become less complicated in the process of a European integration, do without assistance to have itself integrated. The Commission Consultative will have to, and can contribute its important share to that as well, provided it disposes of the neces- sary information. A very important advance in that direction has been made by the Commission Consulta- tive in the past years. We have now reached the stage that we urgently need information which is in accordance with reality. Let us therefore create the necessary conditions. I have tried to give an objective view on what I see as the future of the Commission Consultative. A further condition is — but I scarcely need say so — that our cooperation takes place in an atmosphere of "confraternalité" and friendship, which has always pre- vailed here, despite our differences of opinion. It seems superflous to express my wish and conviction that this may always remain the same. The media — Press, Television and Radio — have been advised of this arrangement and assured that guidance to the appropriate source of information on a specific topic will be available from the Director- General's Office. To ensure that there is no overlapping, solicitors who are contacted directly by representatives of the media on what might be considered a policy matter are asked to contact either the Chairman of the Public Relations Committee or the Director-General.

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