The Gazette 1974

LEGAL EUROPE

DEVELOPMENTS IN EUROPEAN COMMUNITY LAW–

IRISH REPORTS

FIRST IRISH REPORTS-MAY 1973

Right of establishment and right to supply services

6.7. During the period since the signing of the

Accession Treaty the Community has continued to give

consideration to proposals for the implementation of

the provisions of the EEC Treaty in relation to the

right of establishment by professions and their right to

supply services and to the mutual recognition of degrees,

diplomas and other qualifications in order to facilitate

self-employed persons in taking up and practising

their occupations within the area of the Community.

These proposals raise problems for us which are under

consideration in consultation with the Irish professional

organisations concerned.

6.8. I n regard to lawyers the proposals in a draft

directive would apply to the following activities:

(a)

providin~

legal advice and

(b)

r;:{u' ng

CCi.se

without restriction before the

courts, access to the documents in a case, visits

to the prisoner and presence at the preparatory

inquiry.

The proposals are confined to the temporary provision

of services in these fields by qualified lawyers in one

member State to clients in another where the person

providing the service has no establishment in the host

country such as to constitute a new practice in that

country and the services are provided under a contract

concluded in the course of the lawyers' professional

activities. In relation to the activities covered by the

draft directive member States will be required to

eliminate any restrictions:

(a) which would prevent beneficiaries under the

directive from providing services under the same

conditions and with the same rights and

obli~a

tions as nationals and

(h)

which arise from administrative or professional

practices resulting in treatment being applied to

beneficiaries that is discriminatory in comparison

with that applied to nationals.

The European Parliament and the Economic and

Social Committee were consulted on the draft directive

and they suggested some amendments. I t is now beiny

co~sidered

by a working group of Government represen–

tatIves

wh.ich

t~is

country is represented. Continuing

consultatIon

takmg place with both branches of the

legal profession in Ireland in regard to developments on

the proposals.

6.9. Draft directives providing for the right of esta–

bl~shment

and freedom of

mo~ement

of doctors and

w.lth the mutual recognition of medical degrees and

dlpl?mas and

th~

training of doctors are still at dis–

CUSSIon stage. DIscussions are, in fact, about to be

reopened after. an interruption of about six months.

The relevant I Tlsh professional interests have been con–

sulted on all developments which have taken place to

date.

JOINT COMMITTEE ON THE SECONDARY

LEGISLATION OF THE EUROPEAN

COMMUNITIES

Thursday, 1 November 1973

The Committee sat at 3.30 p.m. Deputy Charles

J.'

Haughey in the Chair.

Chairman:

Senator Robinson has indicated that she

would like to bring along some students of European

Law from Trinity College, Dublin, to observe

OUf

proceedings and I am very happy on behalf of the

committee to welcome them.

SECOND IRISH REPORT-NOVEMBER 1973

Lawyers

6.11. A working group of officials of the member

Statrs is

cmt;nllin'~

the examination of the draft direc–

tive on the

provi<;i~m

of professional services by lawyers

(OJ No. C78, 20 June 1969). Meetings of the working

group were held in June and October 1973. The dis–

cussions were centred around the provisions dealing

with the services that a foreign lawyer may provide

and the conditions under which he may provide such

services. The legal profession is being consulted on

developments as they arise.

The Real Estate Sector

6.12. The right of establishment and the right to

provide services in all member States of the Community

was extended to persons in occupations in the real

estate sector by Directive 67/43 of 12 January 1967

(OJ No. 10, 19 January 1967). This Directive became

applicable in the three new member States from the

date of Accession and the Accession Treaty listed the'

occupations in each of those States to which the Direc–

tive applies. In the case of Ireland, these occupations

were listed as: auctioneers; estate agents; house agents;

property developers; estate consultants; estate managers

and estate valuers.

A working group of officials of the member StateS

has been constituted and is considering the question of .

co-ordinating national provisions regarding access to

and practice of occupations in the real estate sector.

One of the problems encountered in this work is the

wide variety of such occupations in the member StateS

and the varying nature of the conditions governing'

acces~

to them. A meeting of the working group waS

held m Brussels on 24 May 1973.

Proof of Good Repute and Proof of non-Bankruptcy

6.13. In some member States persons proposing to

take up certain occupations are required to produce

proof that they are of good character and/ or that they

have not previously been declared bankrupt.

EEC Treaty provisions regarding right of establish–

ment and right to supply services have been applied by