23 / 482
GAZETTE
JANUARY 1989
Secondly, the legal profession is,
of course, covered by the recent
Council common position on a
general system for the recognition
of higher education diplomas
awarded on completion of pro-
fessional education and training.
Subject to an additional adaptation
test, lawyers whose diplomas are
recognised in one Member State
will be free to practice in any other
Member State. I do not propose to
get into more detail on this agree-
ment because it is to be the subject
of further consultation by the
Parliament before its final, formal
adoption at the end of this year. It
is envisaged that mutual recognit-
ion will be operational from January
1991. The longterm impact of the
decision will be to allow lawyers
from other Member States to
appear in Irish courts and to give
legal advice as well as to set up
permanently in Ireland. Equally, of
course, Irish lawyers will be able to
offer their services in other Member
States. But remember that most
other Member States follow a civil
law code. European Community
law therefore will be the most
transferable branch of law as well
as the one where there is likely to
be the greater volume increase in
legal proceedings.
Forum Shopping
Finally, let me develop a further
general consideration. If, as I have
argued, the law will become in-
creasingly international, then there
will inevitably develop forum
shopping. How does the Irish legal
system compare, as a system for
the provision of rapid, efficient and
authoritative judgements with
other legal systems? How do Irish
legal costs compare? What is to
prevent the Irish legal system from
becoming a centre of excellence
within the European framework? In
Ireland we have companies and
organisations that are able to gain
significant niches or shares of the
world market in their fields, be it in
packaging or aircraft leasing. The
International Financial Services
Centre and the Trading Houses also
represent institutional efforts to
capture markets in international
services. There can be no doubt
that there is fast developing a
comparable European market in
legal services. An adequate
response, if Ireland is to get a share
of this market, cannot occur just at
the level of the individual
practitioner; a corporate response
is required.
There can be no doubt about the
need for the Irish Centre for
European Law. It is a development
which is fully supported by the
European Commission and which
deserves support from the legal
community, national administra-
tion, the educational authorities,
business and the trade unions. I
hope it will become a tangible,
permanent structure which will
endure after all the words about
1992 have died on the wind. I am
fully confident that it will grow into
something of immense significance
and support to all sectors of the
nation as well as making a
significant contribution to the
practice of European law through-
out the Community.
•
ISLE OF MAN
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