The Gazette 1974

have caused a certain judicialisation of what is more

correctly a political area—but it has helped sustain that

Federal principle of partnership which is being currently

eroded by Bonn. And the Germans, as yet unused to the

idea that in a pluralistic democracy decisions are made

by groups and not by an all-embracing State, should

welcome the presence of such a strong reviewing power

as the Federal Constitutional Court.

T o the Ge rman mind words such as "uniformity" and

"homogeneity" are closely linked with the concept of

government. T h e "single will" idea is not dead in West

Ge rmany even though Ge rmany is supposedly a Federal

and not a unitary State. T h e National Government at

Bonn tends to steamroller opposition from the Lands

somewhat in line with the ingrained Ge rman idea that

a State should not at the same time have two contra-

dictory wills. Diversity in government and politics does

not necessarily mean disunity and the Germans might

do well to remember Harold Laski's comment on

g o v e r nme n t:

We must make consent to disagree the basis of our

State—therein, we shall ensure its deepest harmony.

If West Ge rmany sincerely wishes to retain a genuine

Federation then Bonn must not become too big for its

boots.

Spirit of Constitution undermined

It is somewhat ironical to note that though there is

(as is usual) a provision in the Ge rman Constitution for

altering parts of the Basic Law, those articles of it which

describe basic rights and which declared Ge rmany to be

a Federal and not a unitary State cannot be altered by

any process whatever. T h e theory and the written Con-

stitution may remain the same but the spirit of the

Constitution has been seriously undermined in West

Ge rma ny and that nation's Federal Constitutional

Court stands out as the institution which can revive and

revise a system of government which is today in practice

far f r om Federal.

It is indeed somewhat anomalous to note in the wider

context of the European Economic Community that the

hopes of European Federalists such as Mon et and

Sc huma nn which Conrad Adenauer always encouraged

have not either been fulfilled. It is a factthat in 1957

the Treaties of Rome on the creation of the European

Economic Commun i ty and a European Atomic Auth-

ority were successfully concluded, but in 1974 the

Federal Union of Europe favoured at least in principle

by all the Member States, has not at all advanced in

spite of the phenomenal economic success of that

Community.

Reyners v. Belgium

Th e ie lias been much interest in European legal

circles about this case, on the freedom of professional

establishment, which has recently been referred by the

Belgian Gonseil d'Etat to the European Court under

Art. 177. T h e case concerns a Netherlands national,

but a Doctor of Belgian law, who cannot be called to

the Belgian Bar because reciprocity in the country of

origin is required as a condition for admission to the

Bar under Belgian law. Art. 55 states that the pi

-0

visions of the chapter of the Tr e a ty of Rome on righ

of establishment shall not apply, so far as any gi

ven

Member State is concerned, to "activities which in tha'

State are connected, even occasionally, with the

exercis

of official authority". T h e Belgian Court has asked

an interpretation of the words in quotation. In part''

cular, it has asked whether they are to be interpreted

in such a way that within a profession like that

avocat only activities which are connected with th

exercise of official authority are excluded from th

application of this chapter of the Treaty, or as meaning

that this profession itself is to be excluded on the

grounds that its exercise involves activities which

are

connected with the exercise of official authority.

Governments of Member States are entitled to sub'

mit observations on references under Art. 177 and it

understood that the U . K. Government, after consults

tion with the profession, has submitted observations

0,1

this case, in which the oral hearing will take place <>

7 Ma y.

T h e European Court's ruling on this question ntf)

help to produce a solution

the problems

concerning

the freedom of establishment for lawyers within th

EEC which will be acceptable in Member States.

Note:

It is understood that the Netherlands Parliament

is currently considering a Bill on the reform

the legal profession, including a clause removing

the nationality requirement for admission to tb

Bar, but this may not proceed until the outcom

of the Reyners case is known.

SAINT LUKE'S

CANCER RESEARCH

FUND

Gifts or legacies to assist this Fund are most

gratefully received by the Secretary, Liam J-

P. Egan, F.H.A. (E), at "Oakland", Highfield

Road, Rathgar, Dublin 6. Tel. 976491.

This Fund does not employ canvassers or

collectors, and is not associates with any

other body in fund-raising.

134