The Gazette 1994

GAZETTE

MWH

JUNE 1994

The text of the resolution of the

European Parliament is interesting

from several perspectives. The

Parliament considered that the

completion of the internal market

would lead to a substantial increase in

notarial activity in all Member States

of the Community within the single

market. Accordingly, the Parliament

considered it particularly useful to

examine and carry out detailed

assessments of the organisation of the

profession of notary.

Common characteristics of the notary

in the 12 Member States of the

Community were considered by the

Parliament. The Parliament classified

the most important common

characteristics as being:

• a partial delegation of State

sovereignty to carry out a public

service in respect of the authenticity

of contracts and evidence;

• independent public-service activity

exercised within a liberal profession

(subject to exceptions), and subject

to supervision by the State - or by

the statutory body to which this

responsibility is delegated by the

public authorities - as regards

compliance with requirements

governing notarial acts, regulated

scales of fees imposed in the

interests of clients, access to the

profession or the organisation

thereof;

• a preventive role in relation to

judicial proceedings, by eliminating

or reducing the risk of litigation;

and

• an impartial advisory function.

In the context of Article 55 of the EC

Treaty (exceptions on the basis of the

exercise of official authority by

Member States) the European

Parliment considered that the

existence of a partial delegation of the

authority of the State was an element

inherent in the exercise of the

profession of a notary and this

constituted valid grounds for not

applying to that profession provisions

on freedom of establishment and

freedom to provide services which

were not to apply to activities which

in a State were "connected, even

occasionally, with the exercise of

official authority".

"The earliest civilisations had

officials of great intellect, versed in

the art of writing who carried out

functions similar to those performed

by the Notary of today."

The Irish Society for

European Law

The Irish Society for European Law

celebrated its 21st anniversary by

holding a one-day conference to

consider the theme of "European

Union Law in Ireland: the First

Twenty One Years". The conference

was held in the Conrad Hilton Hotel,

Dublin, on Saturday April 23, 1994.

The first constituent meeting of the

Society was held on October 23, 1973.

The objects of the Society include the

study of all aspects of the law of the

European Communities, of the

institutions of the European

Communities, the law (both public

and private) of the Member States of

those Communities and all other

European States. Membership of the

society is open to all "jurists in

Ireland" and to other persons who

satisfy the Committee that they are fit

and proper persons to be admitted.

The Hon. Mr. Justice

Brian Walsh

has

been President of the Society since its

establishment.

Luxembourg, on "Community Law as

a Source of Rights and Remedies in

the Irish Legal Order";

Mr.

John Handoll,

Stephenson

Harwood, Brussels, on "The

Protection of National Interests in EU

Law with particular reference to

Ireland";

Mr.

Vincent Power,

A&L Goodbody,

Solicitors and Chairman of the

Society, on "EU Competition Law and

Ireland";

Mr.

Bryan Sheridan,

Group Legal

Adviser, AIB Group, on "EU

Financial Services Law in Ireland in

relation to Banking";

Judge

John Murray,

Judge of the

European Court of Justice,

Luxembourg, delivered the key-note

address. Mr.

John Cooke,

SC, spoke

on "Litigation of EU Law in the Irish

Courts" and Professor

Bryan

McMahon,

Partner, Ignatius Houlihan,

Ennis and Professor of Law at

University College Galway, spoke on

"European Union Law and the Irish

Country Practitioner".

Copies of the written papers are

available from the Registrar of the

Society, Solicitor's Office, Telecom

Eireann, 52 Harcourt Street, Dublin 2,

Tel. (01) 671 4444, ext. 5930, fax

(01) 679 3980 at a

ice of £ 12

including package and postage.

Planning Regulations

The Local Government (Planning and

Development) Regulations, 1994

(S.I.

No. 86 of 1994) replace all existing

Regulations under the

Local

Government (Planning and

Development) Acts, 1963 to 1993.

All Parts of these regulations, other

than Parts X and XIII, correspond,

subject to additions, omissions and

amendments, to provisions of the

regulations revoked. Part X

establishes a new procedure of public

177

Written papers were presented to the

Society on April 23, 1994 by the

following:

Mr.

Tony Collins,

Legal Secretary,

European Court of Justice,

In Ireland, the Dean of the Faculty of

Notaries Public is

Mr. Walter Beatty,

Solicitor, a former president of the

Law Society, Dublin, and the

Registrar of the Faculty is

Mr.

Brendan D. Walsh,

Solicitor, Dublin.

Interested readers are referred to the

Practice Note "Applications for

Notaries Public - RSC Amended"

published in the

Gazette,

May 1994

(Vol. 88 No. 4, p. 139).

Mr.

Gerard Hogan,

BL, Trinity

College, Dublin, on "Implementation

of EU Law in Ireland";