The Gazette 1989

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GAZETTE AUGUST 1989
In
this
Issue
Viewpoint 255
No Need to Notify?
Block Exemption Agreements
under Article 85 of the
Treaty of Rome 257
The European Economic
Interest Groupings 266
Article 5.1 of
Brussels Convention 273
Interview with Thomas
O'Higgins 283
Annual General Meeting
of SYS 287
Braille Irish Law
book launched 289
Cover Photo: (left to right) John Fish,
member of the Law Society's EC (1992)
and International Affairs Committee,
Margaret Byrne, Librarian, and Ken
Murphy, Chairman of the Committee.
Executive Editor:
Mary Gaynor
Committee:
Geraldine Clarke, Chairman
Eamonn G. Hall, Vice-Chairman
John F. Buckley
Gary Byrne
Patrick McMahon
Charles R. M. Meredith
Daire Murphy
John Schutte
Advertising:
Seán Ó hOisín. Telephone: 305236
307860
Printing:
Turner's Printing Co. Ltd., Longford.
The views expressed in this publication,
save where otherwise indicated, are the
views of the contributors and not
necessarily the views of the Council of
the Society.
The appearance of an advertisement in
this publication does not necessarily
indicate approval by the Society for the
product or service advertised.
Published at Blackhall Place, Dublin 7.
Tel.: 710711. Telex: 31219. .. Fax: 710704.
GAZETT
Viewpoint
"The Law Society should consider
opening an office in Brussels to
help keep the Solicitors' profession
fully advised about 1992 legal
developments". So said Peter
Sutherland in Blackhall Place at the
recent launch of 'EURLEGAL' - the
Solicitors Profession's response to
1992.
In the course of a characteristi-
cally e l oquen t, incisive and
thought-provoking address the
former European Commissioner
spoke of the enormous opportunity
which the legal profession could
lose to other advisers if it is not as
geared up as they are to provide up-
to-date information and analysis of
the changes which 1992 is bringing
to business, both in Ireland and
throughout Europe.
He once again made the point,
one that is usually missed about
1992, that it is a legal programme.
Law lies at the very heart of the
European Community. The Com-
munity itself was created by law, it
has created its own system of law
and all of its activities operate
through this legal system. Although
the objectives of the 1992 pro-
gramme are political and economic,
the programme itself is comprised
entirely of law - literally hundreds
of new laws all of which will have
effect in Ireland.
All business activity is pro-
foundly effected by the legal frame-
work in which it is conducted.
What is or is not legally possible for
a company and its competitors is
fundamental to every commercial
decision. It is important for every
business to know the law from two
points of view. The first is compli-
ance and the second is analysis
which allows response to the
opportunities which the law provides.
Conc l ud i ng his speech he
expressed himself to be very
pleased wi th the advent of the
JUSTIS on-line European Com-
munity Law data base. Through this
the basic information to deal wi th
any client query is only a phone call
INCORPORATE D
LAWSOCIETY
OF IRELAND
Vol.83 No.8 August 198
away. This system will only be of
value, however, if solicitors identify
the occasions when it can be
availed of and then actually use it.
In practical terms, how relevant will
1992 be for solicitors in Ireland? It
is impossible to respond to such a
question without speculating on
the future of the legal profession in
Europe generally.
At the European Summit meeting
in Madrid on 26th and 27th June
1989 the Delors Committee report
on Economic and Monetary Union
domi na t ed the agenda. The
metaphor of a train leaving a
station was much used to describe
the result. That all the passengers
were aboard is, for the moment at
least, more significant than the
now notorious lack of unanimous
agreement among them as to either
the length, or even the ultimate
destination, of the journey. To most
observers, however, it appears that
a powerful process has com-
menced which will lead to more
and more important decisions,
effecting all our lives, being taken
at European rather than national level.
As Peter Sutherland has pointed
out, the European Community
operates exclusively through mak-
ing and enforcing laws. All laws
require interpretation and applica-
tion on the basis of legal principles,
existing statutes and precedent
cases. Lawyers invariably do well in
a federal system and from this one
might conclude that the future for
the legal profession in Europe must
be rosy. The more law that is
created the more work there will be
for lawyers.
That is far too simplistic an
analysis, however. The whole
thrust of 1992 and of Community
orientation generally is towards free
and open competition. Whether
regulating or deregulating (and
often it is difficult to distinguish the
two) the Community does not look
at professions but at activities. If
the legal profession competes well
(Contd. on p.257)
255