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GAZETTE
JUNE 1992
N W
The Law Society Annual Conference
Berlin
Berlin:- the euphoria is over and the
hangover has set in - not a
comment on the condition of
delegates returning from the Law
Society's Annual Conference in
Berlin but, rather, a theme running
through the various speakers'
presentations to the conference about
the problems and challenges posed
by the unification of Germany.
The Annual Conference, the first ever
to be held outside Ireland, had as its
theme "Lawyers in Business in
Europe" and was attended by 280
delegates including 21 members of the
Irish Bar, lawyers from Australia,
England, Wales, Scotland and
Northern Ireland, and, of course,
Germany.
The conference speakers addressed the
position of the unified Germany on
the world stage, the problems posed
by unification, the structure of the
legal profession in Germany and the
prospects for foreign lawyers and
investors wishing to do business there.
Unity a Psychological Process
Opening the conference, Doctor
Jutta Limbach, Senator for Justice
in the Berlin Senate, stated that:
"the joy about borders being open
has given way to anxieties about an
uncertain future. The constitutional
unity of Germany has been brought
about, but the process of growing
together is turning out to be more
difficult than at first thought." She
continued: "we are now
comprehending that German unity
poses not only legal and economic
problems but psychological problems
at the same time. After all, we
experienced post war history
differently in the two parts of
Germany. We cannot demand that
we lay our own past to rest without
difficulty. In fact, the post war
history of Germany is now only
coming to an end."
Doctor Limbach said that the
process of German unity was above
The speakers at the first session of the conference on Friday, 24 April, 1992 L-R Dr.
Gunter Schardey, President Deutscher Anwalt Verein; Peter Sutherland S.C.; Adrian
Bourke, President Law Society; Prof. Dr. Jutta Limbach, Senator for Justice, Berlin
and Dr. Helmut Wolf, Director, Berlin Economic Development Corporation.
all burdened by the difficult
economic and social circumstances
of people in the new Federal States
of Germany. She said that the
harmonising of conditions between
the former East Berlin and West
Berlin was, therefore, the overriding
political goal of the Berlin Senate.
Berlin Ripe for Investors
Helmut Wolf, Director of the Berlin
Economic Development Corporation
(BEDC), gave a profile of Berlin, a
city with a population of 3.5
million, an area of 350 square miles,
generating a "gross domestic
product" annually of about DM 120
billion. With the unification of
Germany, Berlin was once again
the German capital and continued
to be the major intellectual, cultural
and industrial centre of Germany.
Interest in investment in Berlin was
growing continuously he said. The
BEDC, a non-profit organisation,
was available to assist investment-
seeking firms and individuals by
supplying advice on finance, taxes,
land, buildings, labour and services
and in establishing business plans
and contracts. Staff of the BEDC
assist prospective investors in
negotiations with city officials,
banks etc by providing, if required, a
complete interface between the
investor and Berlin.
Privatising Business
Gerd Wachter a director of the
TVeuhandanstalt, the organisation
charged with the privatisation of
state owned industry in the former
East Germany, described the work of
his organisation, known colloquially
as the "Treuhand". He outlined the
difficulties that arose in transferring
ownership of businesses and
property since all property in the
former East Germany was State
owned. In addition, the function of
the TVeuhand was not primarily to
make money in the market place by
obtaining the maximum price for the
industries on sale, but rather to
achieve certain so called "soft
goals" such as the maintenance of
employment.
The Legal Framework
The President of the Deutscher
Anwalt Verein (German Lawyers
135