10 / 336
Legal Europe
THE STATUS OF THE PROFESSIONS WI THIN
THE E.E.C.
A Conference on the Professions within the European
Economic Community organised by the
Irish Council
of
the
European Movement
was held in the Shelbourne
Hotel, Dublin, on Saturday, 14th December, 1974.
About 20 professions were represented by 3 delegates
each; these included the Irish Veterinary Association,
the Irish Medical Association, the Royal Institute of
Architects, the Irish Dental Association, the U.C.D.
Staff Association, the Institute of Chartered Account-
ants, the Pharmaceutical Society, the Institute of Quan-
tity Surveyors, and the Institute of Engineers. Some
senior Civil Servants from the relevant departments
were also present. Mr. Brendan McGrath, Mr. John
Fish and Mr. Gavan Duffy represented the Law
Society.
The Conference was opened by Dr. Thomas Murphy,
U.C.D. The first lecture was given by Mr. Alan Bath
of the European Commission in Brussels. It seems that
by 1972, out of 40 draft directives on the Commission
12 referred to the liberal professions but none of these
had been adopted by 1973. The draft directives covered
the professions of doctor, lawyers, etc., and some of
them give details as to daily hours of study and as to
years of study. In the first instance the Commission held
discussions with the doctors.
In March 1974, the Commission proposed to the
Council of Ministers a set of new guidedines, by which
the professions were urged to adopt comparative
methods to promote information in similar fields. It
v/ns essential however that these rules should not be
too rigid, but that there should be continuous consul-
tation through advisory councils. The REYNERS and
BINSBERGEN cases were then mentioned. The Com-
mission had undertaken to have a fresh look at each
directive affecting the professions, and more particularly
the doctors. Draft Committees were to be set up which
would contain members of each practising professions.
The Dossier on Architects, which was first published
in 1967, is still under active discussion, particularly in
relation to the question how far engineers could practise
as architects; as the technical questions involved were
complicated, only transitional measures were considered
in the first instance.
The Dossier relating to the provision of services for
lawyers was drafted in a very limited form, and, until
the Reyners decision, Art. 55 seemed to restrict it
further. The Commission will now have to consider
how the BINSBERGEN and WALLRATH-KOCH
decisions affect the issue.
It is possible for national legislation to extend pro-
fessional qualifications. Art. 48 does not apply to civil
servants or employees of local authorities or of State
subsidised bodies. The mutual recognition of academic
qualifications should encourage teachers to move from
one member State to another. Senator Alexis Fitzgerald
presided at this lecture.
Dr. Farrelly presided at the second lecture which
was given by
Mr. William Lyons
of the Department of
Education. The lecturer referred to the resolution of
the Council given in Luxembourg on 6th June, 1974
as to the future of academic degrees and diplomas;
this contained flexible guidelines. The final qualifica-
tions in each Member' State should be established.
Lawyers in the Depts. of Justice and Foreign Affairs
exercise a co-ordinating role in such matters as the
draft directives on doctors and on architects. There
have also been two medical directives: (1) on the
mutual recognition of educational qualifications and
co-ordination of minimum standards, and (2) on the
range of knowledge required to be admitted as a doctor
or an architect. The first of these directives was tem-
porarily withdrawn for amendment, but there is no
sign of agreement yet. As regards the mutual recog-
nition of Architectural Diplomas, it was difficult to
define precisely the profession of architect; various
conditions of admission apply, and in Italy only univers-
ity graduates are accepted. In the various member
States, there is a wide variation between the length
of the various architectural courses; the longest are in
Belgium and Ireland, where 5 years are prescribed
for obtaining the qualifications, plus 2 additional years
practical experience.
Dr.
James O'Neill
pointed out that the present
medical representation before the European Commun-
ity was unacceptable to the Irish Medical Union, as
mutual confidence was lacking.
Professor Murphy,
President of University College, Dublin, said that the
medical profession in Ireland was too much influenced
by the medical profession in England but there were
signs of change. The fear expressed elsewhere that
bureaucrats would plant their own men without proper
consultation with the profession had not occurred here,
and the representative recommended by the Irish
Medical Council had been appointed by the Govern-
ment.
Dr. Farrelly
pointed out that there was complete
unanimity and trust between the Veterinary Councils
of the 9 Member States, and that they had agreed
there should be a basic minimum standard for training
for all concerned, as well as suitable regulations co-
ordinating the profession.
Mr. Bath,
in thanking all
concerned, pointed out that the Reyners case does
not advance the principle of mutual recognition.
Mr. W.
A.
Osborne,
President of the Incosporated
Law Society, presided at the next lecture. Mr. Osborne
pointed out the difficulties with regard to freedom of
establishment for lawyers, as some countries like France
and the Netherlands interpreted the regulations in a
liberal spirit while others like Belgium and Germany
adopted a strictly restrictive attitude. The number of
8