97 / 244
GAZETTE
JULY-AUGUST
1979
Solicitors' Apprentices' Debating
Society of Ireland
Address by The Auditor, Liam T. Cosgrave, on "Political and Economic Unity for Europe Myth or Reality" at
the Inaugural Meeting of the Society on Friday, 26th January, 1979, in Solicitors' Buildings, Blackhall Place, Dublin.
The 95th Inaugural Meeting of the Society was held in
Blackhall Place on Friday, 26th January, 1979 at 8.00
p.m. In the absence of the President abroad, Mr. P. C.
Moore, past-president, presided. The minutes of the
previous meeting were read with the customary humour.
Mr. Moore then presented the following awards for the
94th session:-
Oratory
— Incorporated Law Society's Gold Medal:
David Leon; Society's Silver Medal: Adrienne Grant.
Legal Debate
— President's Gold Medal: Maria
Durand; Society's Silver Medal: Liam T. Cosgrave.
Impromptu Speeches
—Vice-President's Gold Medal:
Eugene Tormey; Society's Silver Medal: Finian Branigan.
Irish Debate
— Society's Parchment: Frank G. Nyhan.
Replica of Auditorial Insignia —
Michael D. Murphy,
B.C.L.
Mr. Moore then called on the Auditor, Mr. Liam T.
Cosgrave, to deliver his Inaugural Address.
POLITICAL AND ECONOMIC UNITY FOR
EUROPE - MYTH OR REALITY
I have chosen as the topic for my Paper "Political and
Economic Unity for Europe" because I believe that the
European Economic Community has reached a stage in
its development when either its future could more than
fulfil the aspirations of its founders or and it is a real
danger it could go seriously wrong. Also since decisions
from Brussels are affecting each and everyone to a greater
extent than ever before the question can be asked whether
the Community has taken on a role of even greater
significance than ever its founders could have envisaged
and one must ask that if the new momentum is to be in-
jected whether changes or amendments to the treaty itself
ought to be considered because events have occurred
whose magnitude were certainly not conceivable to
politicians and planners two decades ago. The
Community has been visibly marking time for several
years and as we stand here at the beginning of 1979 let
us look at several factors which could literally make or
break the Community and as a result achieve or knock
the hopes of political and economic unity for Europe.
I propose to take a brief look at the Rome Treaty in the
light of hindsight with a view to identifying its strengths
and weaknesses. Then to look at what effect the Direct
Elections and the possible enlargement of the Community
will have on the attaining of greater political unity. Then
to examine the prospects of economic unity among
countries whose markets and economies are so diverse
that real economic unity seems beyond reality.
Those who drafted the Treaty 20 years ago showed
remarkable judgment as to the obstacles to be overcome
in moving towards economic and political integration of
the member states and remarkable foresight as to the type
of structure that could be established which would have
within itself the leverage necessary to secure continuing
progress towards that goal over a period of many years
and in the face of inevitable obstacles. It was this
judgment and this foresight that gave to the Community
the momentum that carried it through the first 20 years of
its existence and that gave it the resistance to survive,
with minimal damage to its fabric, a recession whose
origins and whose magnitude were certainly not con-
ceivable to politicians and planners two decades ago.
They had the foresight to see that progress towards
political integration required as a condition precedent a
solid basis of economic integration. They planned
accordingly and to this we owe the extreme con-
centration of the Rome Treaty on economic matters and
its virtual silence on political aspects of European
integration.
They were right in starting with the idea of a Customs
Union, not confined simply to the freeing of trade and the
establishment of a common external tariff but also
including stringent provisions designed to secure the
elimination of non-tariff barriers to trade whether these
took the form of cartels, monopolies, State aid or
obstacles to the free movement of the factors of
production. The institutional structure which they in-
vented also contained a number of elements which
proved of crucial importance in maintaining throughout
so much of the following two decades the momentum of
the development of the Community. They guessed that
the enthusiasm of Governments for economic and
political integration, although it might have sufficient
strength and vigour in the 1950s to enable six Govern-
ments to sign the Rome Treaty, might wane in the years
that followed and that to leave the initiative in respect of
the many developments that would have to take place
during the period of evolution of the Community
exclusively to member Governments subjected to
domestic pressures would be dangerous and possibly
fatal. It was this insight that led to the development of the
concept of a European Commission, independent of
member Governments and having an exclusive power of
initiative subject only to the right of member Govern-
ments to request the Commission to study matters con-
sidered desirable for the attainment of common objectives
and make proposals on them. Also they saw the danger
that national Courts might interpret this Treaty in
different ways and they achieved a solution to this by
giving to the Court of Justice of the European
Community the final power of interpretation and judg-
ment of the Treaty. This would be a power which could
bind national Goverments. The harmonisation of laws
within the Community is a complex task. It will take time
to implement and involve Legal and administrative
changes some of a far-reaching character. In the future a
new code of European Law will mean changes in some
domestic laws of member States. These developments
were recognised by the founders of the Community.
Implementing these changes is a matter for the
Legislators and Jurists in the member States.
But inevitably the structure of the Treaty had
weaknesses and it is worthwhile perhaps to list some ot
99