The Gazette 1972

"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 <i legal praetitioi^. m a Memlter

State can practise before it; university teachers who can

plead in domestic Courts may appear before the Court.

A request setting out the grounds upon which the assis-

tance of the Court is sought must he delivered to the

Registrar, who circulates it.

Within one month of receipt, the defendant is en-

titled to deliver a defence. There may then be a reply

bv the plaintiff as well as a rejoinder by the defendant;

time limits for service of these documents shall be fixed

by the President of the Court. If no defence is lodged,

the plaintiff can apply for judgment by default. A

report by experts may be commissioned by ,the Court at

any time. Applications can be made for rulings on a

preliminary point by lodging separate documents. Third

parties can intervene by permission of the Court. When

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

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.

What Rights have aliens?

What rights have aliens in the Republic arising out of

the European Convention on Establishment (1956)

The Government recently replied to a questionnaire by

the Council of Europe. The following are extracts from

the replies to the questionnaire. They show the position

regarding aliens' rights in the Republic under various

heads and the restrictions in respect of certain articles

made by our Government. The replies given by all the

countries which replied to the questionnaire on the

fights of foreign lawyers are also printed below. The

aritclcs from the Council of Europe's Convention on

Establishement (1956) (which is not part of the E.E.C.

law) are printed below. The text is a ready reference to

the legal position in the Republic regulating the rights

of aliens and the rights of foreign lawyers in various

European countries.

Chapter 1: Question No. 1, Articles 1 and 2 of the

Convention

(a)

Question

What are the measures which have been taken by

your, government, either unilaterally or under a bilateral

or multilateral convention, and which are such as to

facilitate, in accordance with Articles 1 and 2. the entry

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