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EUROPEAN SECTION
Young Solicitors' Seminar, Wexford
More than 200 members attended a very successful
Seminar which was organised jointly by the Society of
Young Solicitors, and the Provincial Solicitors Associa-
tion, which was held in the Talbot Hotel, Wexford, on
Saturday 6th and Sunday 7th November.
Tlie relevant topic chosen was "Solicitors in Europe".
Mr. Fintan O'Connor, Chairman of the Wexford Bar
Association, first welcomed the guests, the distinguished
speakers, and the President of the Law Society, Mr.
McGrath.
The first paper was given by Mr. Stanley Crossick,
u
et
,
ary of
'he English Solicitors European Group,
on "Common Market Entry"—the effect on domestic
a
w and the implications for the legal profession.
Mr. Crossick first mentioned that there was some
controversy as to whether English or French should be
f p
W O r k i n g l a n
S
u a
S
e of t h e
Community. The Treaty
Rome was a framework where the legislative powers
resided jointly in the Council of Ministers and in the
omniission, whereas the administrative powers resided
resided jointly in the Commission and in the Council of
Ministers, whereas the administrative powers resided
. language. It was to be noted, however, that no
administrative enforcement machinery had been de-
vised. The European Community was essentially a
ureaucracy; the effect of this was that Community
e
gislation was rarely hastily thought out; there was
plenty of dialogue between the Commission and other
institutions, and amongst the sections of the Com-
mission itself. The European Parliament was the
jyeakest institution in the fabric, although it could in
neory dismiss the Commission by a two thirds majority
averse vote; it was in practice, however, merely a
consultative assembly.
Regulations issued by the Commission are directly
cnective throughout the Community whereas Directives
a
Y
e 0nl
V effective when they have been implemented by
e
respective national Parliaments of the Member
states. By Article 177, the highest Court of a member
,
a t e
must refer any questions affecting the construction
ot any
p a r t Q
f
Treaty of Rome and associated
ocunients for a ruling to the European Court in
uxemburg. Article 2 sets out clearly the aims of the
ommunity. It was clear that the pure domestic law of
l a
6
K
r
w a s
largely unaffected by Community
w
J
but there would be some changes in laws affecting
ustoms duties, movement of labour, agriculture,
transport, and taxation.
aff -
rC w o u
^ be substantial innovations in the laws
fr
C
j
tln
®
res
'rictive practices and monopolies. As regards
^
e
edom of services and of persons, the Treaty abolished
r e
0 a d
Jy all discriminations based on nationality. As
jgards the free movement of capital, little progress had
j.
ei
?
m a
d e in the negotiations so far. The Sterling
change Area will have to be reorganised. The benefits
1Sln
S °ut of the laws of employment and of social
ecurity and of labour law, will be freely transferable
junongst Member States. A Common Road-Rail Policy
* been formulated in transport, but negotiations are
' very advanced. The Coir munity regulations giving
a guarantee that road transport workers will be protected
against unfair competition are stringent.
Over one thousand regulations affecting different
agricultural products had been issued by the Com-
mission. It would seem that the methods of financing
Irish agriculture would not be approved by the Com-
munity. Discussions were still in progress about fishery
limits, but the control of the quality and standard of
foods was far more stringent than now.
There had not been much progress to report in the
harmonisation of laws contemplated by Article 100 of
the Treaty. However an important Convention on the
Recognition and Enforcement of Judgments amongst
Member States had been concluded. It was intended to
standardise bankruptcy and winding up proceedings.
The European Company had been proposed for larger
units, but the Dunlop-Pirelli case illustrated the restric-
tions imposed by the present law. Mergers and amal-
gamations appeared to be limited by fiscal problems.
The added value tax system had to be introduced in
all member states, but the rates need not be standardised.
With regard to the problem of the incorporation of
Community law into Irish law, it was necessary to
stress that the whole Community law would have to be
accepted in toto, including all Regulations in force.
The new member states will have to sign a short
accession treaty; but it would be wise to embody the
Regulations in detail. In any event, in relation to
matters covered by the Treaty of Rome, it was essential
to note that Community law must take precedence
over national law, even though some national Courts
had tried not to subscribe to this principle.
The sovereignty of modern states is in any event
much restricted, and the alleged loss of sovereignty was
more than compensated by belonging to a large trading
partnership for the benefit of all concerned. It was
stressed that no major decision affecting the Community
would be taken save by a unanimous vote of all member
states. The lecturer thought that serious problems of
translation would arise if Irish were to become an
official language.
It was necessary to realise that, upon adhesion to the
Community, new subjects would have to be studied,
and there will be an increase in trade. It should be
stressed that lawyers should not generally as professional
men, regard Community law as being beyond their
scope. Irish legal experts would have to recognise the
difference in law which would affect the entire ap-
proach to national law. For instance the law of agency
would require reconsideration in the light of Contin-
ental practice.
As regards Freedom of Establishment the present
position in England was that foreign lawyers were free
to practise in most branches, provided they do not hold
themselves out to be barristers or solicitors, and do not
draw deeds. In France, one was entitled to practise
as a "Conseiller juridique".
There were severe restrictions upon practice as a
lawyer in Germany, as even German lawyers were con-
fined to practise in their own 17 specified districts.
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