320 / 336
haps, in view of the specialist nature of this work, the
relatively high price was inevitable.
Collins, Lawrence—European Community Law in the
United Kingdom. London: Butterworth, 1975; £7.80;
xxv, 170p.
The solicitor author is a partner in a large London
firm, and also Director of European Community Legal
Studies in Cambridge. The main object of this work is
to indicate the relationship between Community Law
and National Law, and to show how Community Law
is to be applied in English Courts. It deals practically
on structural and procedural aspects of Community
Law within the context of English Law. The first chapter
deals with the relationship between Community Law,
National Law and International Law. The rules of
Community Law derive their force from the Com-
munity Treaties Treaties, according to the Irish Con-
stitution, are not self-executing, and require the consent
of the Dail to come into force; in any event, the
treaty-making power resides in the Government. The
existing rules appear to be : (1) While the European
Communities Act, 1972, remains in force, existing
directly applicable Community Law will be the law in
Ireland, (2) Community Law which is not directly
applicable will have no force in Ireland until given
effect to by statutory instruments, (3) Directly applic-
able Community Law enacted subsequent to the Act
will normally take effect in Ireland. If an Irish Court
does not refer a question of construction to the Euro-
pean Court in Luxembourg, it must interpret the pro-
vision according to Community Law, which includes
not only the Treaties, but secondary legislation and
Court decisions. Any rights created and in accordance
with Community treaties must be enforced by National
Courts; a provision will have direct effect if (a) it is
clear and precise, (b) it is unconditional and un-
qualified, and (c) must not concern Member States in
their relations
inter se.
This applies in different respects
to Regulations, Decisions and Directives. In
Schorsch-
Meier v. Hennin
(1975) 1 -All E.R., the English
Court of Appeal held that foreign creditors were entitled
to receive payment for their goods in their own cur-
rency, i.e. German Marks. It is to be noted that Statu-
tory Instruments relating to Community Law may not
(1) provide for the imposition of taxation, (2) be
retrospective, (3) confer the power to enact sub-dele-
gated legislation, and (4) create a new criminal
offence with a punishment exceeding 2 years imprison-
ment or £400 fine on indictment. In England, if the
terms of the statutory legislation are clear and un-
ambiguous, they must be given effect to, but in Ireland,
one must consider primarily whether the statute con-
cerned is constitutional. If the legislation is ambiguous,
one must resort to the text of the Treaty.
The aim of Article 177, which prescribes a reference
by the National Court to the European Court, is to
ensure uniformity of interpretation of the Treaty by
the National Court. In theory, any administrative tri-
bunal with judicial powers may refer a question of
Community Law to the Court. It is to be noted that
the European Court will not interpret National Law
nor will it apply its interpretation to the facts of the
case. Under the doctrine of the "Acte Clair", it is not
necessary to make references to the Court if other
cases have already clarified the point. The Court of
Appeal pointed out in
Bulmers Ltd. v. Bollinger
(1974)
Ch.D., that the way in which a National Court should
exercise its discretion war a matter for the National
Court alone. The application of Treaty interpretation
to specific facts, national legislation and questions of
fact must always be left to the National Court.
It will be seen that this is a most practical book
in determining the respective circumstances when to
apply to the National Courts or to the Community
Court. The guidelines in respect of each Court appear
to be more or less fixed, and we are very much in Mr.
Collins' debt for having given us so many practical
examples. This book is indispensable to any practitioner
who ever contemplates arguing Community Law before
a National Court.
Dublin Solicitors Bar Association
The Annual Dinner of the Association was held in
the Library of Solicitors^ Buildings on Saturday, 6th
December, 1975. Amongst the guests were the Chief
Justice (the Hon T. F. O'Higgins), the President of
the High Court (Mr. Justice Finlay), the President of
the Circuit Court (Judge Durcan), Judge Ryan, Judge
Sheehy, Judge Clarke, Judge Martin, the President of
the District Court (Justice O'Flynn) and some Dublin
District Justices, including Justice James Kelly. The
toast of "Our Guests" was proposed by the President
of the Association, Mr. David Pigot, and responded to
by the President of the Law Society, Mr. W. A. Osborne.
The toast of "The Association" was proposed by Mr.
Justice Finlay, President of the High Court, and
responded to by Mr. Laurence Shields. Mr. Rory
O'Connor arranged the customary musical programme,
which included Mr. W. McMahon and Miss Mary
Sheridan, and which was enjoyed by all.
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