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GAZETTE
March 1976
of our profession, independance, be given priority.
It is certainly not my intention to recommend a
change of direction in the way in which the Commission
works. You all know by my main objection: we work
too slowly and we run after the facts. But it appears
that this sacrifice has to be made if this body is to
consist of the summit of our profession.
Looking ahead along the line of the prospects the
question arises whether the task, which the Commission
has taken on its shoulders, can be accomplished in the
future
and
whether it can satisfy the needs which will
arise.
In the Gazette du Palais (Paris) of Thursday I4th
August Me Jacques Mauro has paid attention to what
he calls "la collectivité européenne d'avocats", which,
in his view, already exists and which, as he concludes,
can almost be regarded "á l'état de devenir certes mais
irresistible" as "un barreau européen qui réunit tous
les avocats du Marché Commun".
In my position 1 am bound to look upon the Euro-
pean future of our profession with optimism. The view
of Me Mauro cannot be qualified as optimism, though
progressive as it may seem at first sight.
I do not believe that the European ideal will consist of
a merger in one Bar and the uniformity of all advocates.
In the first place we should realize that the Bar —
although it has to adapt itself to developments of
society — exists owing to the traditions, which differ
from country to country and even from district to
district. Many traditions are abandoned due to modern
developments, others will 1'ose significance as a con-
sequence of the transnational practice and may not be
maintained, but there is no reason why their value
cannot be recognized on the local level. This implies
that an important part of the autonomy of the local
Bar should be maintained, also within the scope of a
possible European form of organisation.
In addition the development of our profession in our
countries appears to be very different. Again and again
one can conclude that the very nature of our pro-
fession, its moral constitution, is equal for all of us.
One can discover thereafter that lower level differences
of application can be found, which cannot be bridged
in one day despite all our good intentions.
In the third place the substance with which we work
consists of national! legislation: one cannot think of a
unification of all national legislation on a European
scale anymore than one can think of one uniform,
integrated Bar.
Thus, I do not believe — as M<? Mauro does — in
a future, uniform body consisting of a "representation
européene d'avocats élue . .
at least not in the
lifetime of the present generation. I also do not agree
with him that the task which that body in his opinion
should have, could be accomplished by others, partly
by the national Bars, which I regard as indispensable
for the construction of a European consolidation,
partly by the Commission Consultative. In that case
the delegations would consider themselves not only as
members of a representative body, which national
interests should defend, but as the body that finds
ways for the coordination and harmonisation — a
purpose for which the Conseil d'Avis et d'Arbitrage
is created.
A distribution of the tasks among the national
organisations and the Commission Consultative can
satisfy all needs excepting myself. The mission, which
the Commission has accepted, to make an all embracing
study of what divides us and what unifies us in legis"
lation, professional rules and practice is too heavy.
We are chosen from among the top of our profession,
from among those who know to place the significance of
our profession in their national communities; but those
are the member advocates who have a full day's work,
who have little time to engage in a study of the size
which 1 described. Yet the accomplishment of that
study is of paramount importance, if we want to re-
solve the problems which will arise as a consequence
of further harmonisation.
I may remind you of
examples as the necessity of a protection of the pro-
fessional privileges in all countries of the Community
and of a complete revision of professional and de-
ontological rules. The Bars will not be able to finance
such a venture, but we have to make every effort that
it comes into being.
It is everyone's responsibility, both of the Commission
Consultative and of our professional organisations to
ensure that such study will be set up without delay.
That is impossible for full time advocates, as it requires
the full dedication of a few persons, who know our
profession and who have been freed from other duties.
We will have to consider the institution of an "Institut
Européen des Barreaux". Less than ever can our society,
which will not become less complicated in the process
of a European integration, do without assistance to have
itself integrated. The Commission Consultative will
have to, and can contribute its important share
to that as well, provided it disposes of the neces-
sary information. A very important advance in that
direction has been made by the Commission Consulta-
tive in the past years. We have now reached the stage
that we urgently need information which is in
accordance with reality. Let us therefore create the
necessary conditions.
I have tried to give an objective view on what I see
as the future of the Commission Consultative. A further
condition is — but I scarcely need say so — that
our cooperation takes place in an atmosphere of
"confraternalité" and friendship, which has always pre-
vailed here, despite our differences of opinion. It seems
superflous to express my wish and conviction that
this may always remain the same.
MEDIA SERVICE DEVELOPMENT
To facilitate the media, and to present the views of the
Society to the public where this appears desirable, a
panel of solicitors who are specialists on the various
aspects of legal affairs has been organised.
Members of the panel will be available for informa-
tion a n d / or comment where this is sought by the
media.
This arrangement has been considered desirable in
order that there should be no confusion over spokes-
men for the Society, and the presentation of the
Society's viewpoint.
The media — Press, Television and Radio — have
been advised of this arrangement and assured that
guidance to the appropriate source of information on
a specific topic will be available from the Director-
General's Office.
To ensure that there is no overlapping, solicitors
who are contacted directly by representatives of the
media on what might be considered a policy matter
are asked to contact either the Chairman of the Public
Relations Committee or the Director-General.
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