The Gazette 1974

the process of setting up the tribunal and its organisa-

tion to administer the scheme and when I have done

this—which should take no longer than a week or two—

claimants will be in a position to get in touch with

the tribunal itself. I may add that the tribunal will be

entirely independent in determining claims. I recently

caused copies of the scheme to be laid before the

House.

Entry into the EEC has affected my Department in

a number of re pects, principally in relation to the

Communities' Court of Justice and the treaty provisions

regarding right of establishment and approximation of

laws.

Community Regulations and Directives

Th e Council of the European Communities has issued

a considerable number of directives and regulations to

implement the treaty provisions regarding free move-

ment of perrons and services. One of the effects of these

directives and regulations is to require member states to

liberalise their regimes of entry and residence in respect

of nationals of other member states availing themselves

of the right of establishment, right to rupply services

and right to free movement of workers. T h e European

Communities (Aliens) Regulations, 1972, accordingly

confer rights of entry and residence on certain cate-

gories of persons who are nationals of member states of

the Communities. These regulations take account of the

special transitional provision in regard to free move-

ment of workers that has been made in favour of this

country in the Tr e a ty of Accession to the Communities.

T h e right of establishment and the right to supply

services has already been extended to some occupations

in respect of which I am the appropriate Minister. As a

result, Irish nationals or companies who wish to engage

in the sale of intoxicating liquor, to act as auctioneers

and house agents or to deal in arms, ammunitions and

explosives can establish themselves in these occupations

or supply the services in question in any state in the

Community on the same basis as nationals or firms of

the host member state. Conversely, nationals and com-

panies from other member states can establish them-

selves here, or supply relevant services here, on the

same basis as Irish nationals and Irish firms—in other

words, they must comply with Irish law in all respects

if they want to engage in those occupations here.

As far as this country is concerned, no change is

needed in our existing legislation governing there

occupations because our law does not discriminate

against non-nationals. Similar provisions have been

applied to pawnbrokers and moneylenders by virtue of

a directive on freedom of establishment for banks and

other financial institution" made by the Council on 28

June 1973 hut member states have been given until

the end of 1974 to apply the provisions in the case of

these two occupations.

Directive on Freedom of Lawyers

A draft directive on the freedom of lawyers of mem-

ber states to provide certain services in other member

states is at p r e e n t being studied by a working group

established by the EEC Council. T h e proposed directive

would permit lawyers of any member state to provide

legal advice and also to engage in advocacy before the

Courts in other member states on a temporary basis in

pursuance of a professional engagement. Un d er the

d r a ft directive, member states would he required to

remove any restrictions based on nationality whicH

would hinder this freedom to provide the legal services

concerned. There is continuous consultation wi th both

branches of the legal profession on the d r a ft so that

account can be taken of their views in deciding the

line to be taken in the working group discussions.

As a result of our entry into the EEC, there will he

an important new body of law in the financial, indus-

trial and commercial fields to be dealt with by our

courts. T h e newly-established relationship between our

court" and the Court of Justice of the European Com-

munities is of particular interest to my Department-

New procedures are required in this context.

In December 1972 two sets of regulations were made

under the European Communities Act, 1972, so as to

link up our judicial system with the European Court-

These regulations related, respectively, to rule", of court

and enforcement of community judgments. T h e Euro-

pean Court (Rules of Court) Regulations, 1972, pro-

vided a basis for any new court procedures made nec-

essary by this country's membership of the European

Communities. T h e second set of regulations—The Euro-

pean Communities (Enforcement of Community Judg-

ment) Regulations, 1972—were necessitated by the

Tr e a ty Provisions whereby judgments of the European

Court and certain decisions of Community institutions

are enforceable in the Member State concerned under

the rules of civil procedure; these regulations provide

for enforcement of "community judgments" under the

procedure here for enforcement of divil judgments of

the Irish courts.

Th e European Communities (Judicial Notice and

Documentary Evidence) Regulations, 1972, which were

also made under the European Communities Act, pro-

vide that judicial notice shall be taken of the Treaties

governing the European Communities, of the Official

Journal of the Communities, and of decisions of, °

expressions of opinion by, the European Court of

Justice; these regulations also provide for the proof n

evidence of the treaties and of certain Community acts,

judgments and documents.

T h e treaties confer on the European Court jurisdic-

tion to give rulings concerning the interpretation of :he

treaties, the validity and interpretation of acts of

institutions of the Communities, and the interpretation

of the statutes of certain Community bodies. National

courts may refer questions of this kind to the European

Court and the making of rules of court in connection

with such referrals is under consideration by the Courts'

Rules Committees.

I should mention, in this general context, that the

European Court, represented by its President and five

judges, with an Advocate-General and the Registrar of

the Court, paid an official visit to this country in

November, 1972. Th e re have also been a number of

visits by judges of our courts to the Court in Luxem-

bourg.

T h e Community institutions and the Memb er States

are continuing with the work of harmonising their legal

provisions which have a direct bearing on the establish-

ment and functioning of the Common Market. T o this

end a number of Conventions have been prepared of

are being prepared under the auspices of the EEC. M>

Department is directly concerned with three particularly

important Conventions. These are the EEC Conven-

tions on Jurisdiction and the Enforcement of Civil and

Commercial Judgments, on Bankruptcy, and on Private

International Law. T h e first-named Convention, which

applies to maintenance orders as well as other civil

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