126 / 300
BOOK REVIEWS
(Gabrielle)—Administrative Procedures.
8vo; pp.
Xv
Plus 118; London, Sweet & Maxwell, 1974; £1.20
P
a
perback.
e
learned author is a Senior Lecturer of Law i in
Th
^Nthampton;
she has unfortunately decided to omit
e
vital rules of National Justice, and the rules of
i Ncedure for tribunals. The process of conciliation
uer the inapplienable Rent and Race Relations Acts
s
first dealt with. However, written representations
• ^er the Town Plan procedure are dealt with. The
£
es
tigation procedures under the restrictive practices
^°Urt, which is somewhat similar to our Fair Trade
I ^mi s s i on, are then explored; it is stated on the other
.
n
d that the Monopolies Commission has been criti-
.
e
u as being both prosecutor and judge. The objec-
^
n
s to Local Government inquiries are fully set out.
re
gards development plans, many English local
^ faorities endeavoured to secure public co-operation
C
V
having public meetings, exhibitions, films and press
^N'erences. The English Courts, unlike the Irish
Nurts, have not had to construe administrative pro-
k[
eS
'
n r e
^
a t
'
o n t o
b
u m a n
rights. An interesting
^
arrar
(J. H.)—Law Reform and the Law Commission.
jo?' PP- xv plus 151; London, Sweet & Maxwell,
U £1.25 (paper);
Modern Legal Studies Series.
Th
Us
6 a u t
^
l o r
'
w
b °
1S a
Law Lecturer in Bristol, has given
b
v
aluable information about the prospects of Law
CI
orm
in England and Scotland, particularly since the
TL
. h
m e n t
the Law Commissions there in 1965.
® utiportance of having a full-time Law Commission
l
a
fifty staff members to consider current problems of
reform and statute law revision and consolidation
j strongly emphasised, and
ad hoc
committees on the
Q
,
s
h niodel would be strongly depreciated. The Law
<^
0r
nmission's valuable report on the Interpretation of
j^fates is fully discussed. The position of law reform
New Zealand, the United States and France, as
th
e
»
as
fa
e
fi
e
fa °f international relations, such as
"
avv
5
is fully discussed. The author mentions five factors
United Nations Commission on the Internation l
avv
5
i f ll i
.
t r
ti
fi f t r
°pounded by Norman Marsh which are alleged to
Ke judicial reform unsatisfactory but his arguments
^ . unconvincing, particularly in the context of a
k ° o k
n c o n s t
'
t u t
f a
n
-
interesting introductory hand-
ScL .
•v, uimtthoff (Clive M.), ed.—European Company Law
ext
s. 8vo; pp. x plus 322; London, Stevens, 1974; £8.
TV
U,
ls
well-timed volume is the seventh in a series pub-
t
e
d under the auspieces of the British Institute of
er
national and Comparative Law.
u
n d e r the Treaty of Rome, member states have an
obligation to approximate their laws to the extent
required for the proper functioning of the Common
Market. One of the areas in which approximation is
most necessary is that of Company Law. This is so
because of the many and varying differences that exist
in the national laws of the member states. It is imper-
ative for the success of the Common Market that the
laws governing the forms of association under which the
majority of businesses operate be not alone approxi-
mated but harmonised as soon as possible. There have
been considerable developments in this area and the
aim of the volume is to record these developments by
presenting the principal texts in their best vailable
English translation.
The volume is divided into two parts—the intro-
duction and the texts. The introduction by Professor
Schmitthoff deals with the various points arising out of
the texts which are of especial interest to British and
Irish lawyers. It is a clear and indeed a most helpful
guide to the texts. It is a pity that the Draft Regulation
on Merger Control and the Draft Convention on Inter-
national Mergers although included in the texts were
received too late to have the learned editor s comments.
The main body of the volume contains English trans-
lations of the First Council Directive, the Second,
Third, Fourth and Fifth Draft Directives and an
(unnumbered) Directive and draft Council Recommen-
dation concerning the contents and checking of pros-
pectuses. The proposed statute for the European Com-
pany and the Convention on the Mutual Recognition
of Companies and Legal Persons are also set out.
Section 9 of the European Communities Act, 1972,
the object of which was to give effect in the U.K. to the
Provisions of the First Directive is also set out. Irish
lawyers should refer in this regard to the European
Communities (Companies) Regulations, 1973.
The volume is a useful and practical guide to those
relatively uninformed of the developments to date in
Company Law in the EEC and as such will be useful
to practitioners and those with an interest in these
developments. In the words of Professor Simmonds who
wrote the Preface : "The present collection of materials
is up to date and comprehensive; necessarily, however,
it can only present an interim statement of the progress
achieved by a unique movement toward international
legal co-operation and understanding." The truth of
these remarks is evident in relation to the Fourth Draft
Directive which has been revised since the volume was
printed to take into account "the true and fair view"
concept. Nevertheless the volume is worth a reading.
For those with a particular interest in this field it should
be read in conjunction with
The Harmonization
of
European
Company Law
also edited by Professor
Schmitthoff which is Volume 1 of the United Kingdom
Comparative Law Series.
Laurence K. Shields
100