168 / 300
v
'Ver is compulsory under the law.
(18) AND WHEREAS the exercise of legal activities
(jf°-
U
'
d
.
n o t
>
nte
rfere in any way with the free exercise
Judicial authority and power—and that consequently
e
exception to the principle of freedom of establish-
e n
t specified in Article 55 (1) should needs be re-
.Ucted only to those activities contemplated by Art.
' tyhich by themselves necessarily include a direct and
I ^cific connection with the exercise of public authority,
si k
C O U RT giving judgment upon the questions
jUbmitted to it by the Belgian Conseil d'Etat on 21
e
cember 1973, states as follows :
(1) Since the end of the period of transition, Art. 52
to \
*
r e a t
y
Rome, is a law which applied directly
^ Member States, notwithstanding the fact that no
rectives have been issued under Article 54 (2) or
•
vt,
cle 57 of the Treaty.
(2) The exception to the principle of freedom of
establishment set out by Article 55 (1) of the Treaty
of Rome must be restricted to those activities stated in
Article 57 which comprise by themselves a direct and
specific connection with the exercise of public authority.
It would not be possible to set exceptional limits within
the rules of a liberal profession such as that of a lawyer
to activities such as consultation and legal aid, and
appearing for and defending parties in the Courts, even
if the performance of these activities is in fact the
object of an obligation or of an exclusion established
by law.
Given by the Full Court of Nine Judges at Luxem-
bourg on 21 J une 1974.
Albert Van Houtte, Registrar.
Signed : Robert Lecourt, President.
Planning Appeals not to be decided by
°ne Person
The proposed Planning Appeals Board, to be set up
d e
r the Local Government (Planning and Develop-
nt
) Bill should have at least seven members and any
^Ppeal should be heard by at least three of them,
j °
r
ding to a recommendation from the Incorporated
^
Society of Ireland on the projected legislation,
sh l
s u
S S
e s t l o n
that a single member of the board
u
' d exercise decision functions is unacceptable since
th
Board will be the final court of appeal on planning
n
atters.
(J
f .
e
Law Society also recommends that the chaimmn
n
l e
Board should be a person with legal training and
s
°hc to*
d i a n s e v e n
Y
e a r s
' experience at the Bar or as a
]
a
^
0rTl
menting on complaints under the former legi-
,
[1
°n, the I^aw Society says that the composition of the
|
lpv
' —
uuviLiy jays LI la L LUC Luiupusiuuii ui im.
(j
e
V
. Board can overcome the criticism that the person
Pol'
1
• ^
a
P P
e a
l
w a s n o t
independent and was a
lc
al appointment. Delays can be cut down by curb-
ing appeals for the purpose of delay while work con-
tinues on a development, and also by dividing the
board to sit in two divisions if the number of cases
warranted it.
Reviewing the possibility of charging fees for plan-
ning applications and appeals the Law Society says that
if such fees are to be charged it is important that
provision should be made for no fees to be charged for
persons of inadequate means.
Th e existing unsatisfactory position about notices of
planning applications should be overcome by the
placing of notices on the property and in a newspaper
circulating in the area and in the vernacular of the
area.
Th e Law Society believes that the provisions of the
new Bill deal with most of the complaints made against
the 1963 Act, but feels that the Minister's role in relation
to the board should be one of general guidance instead
of directives.
Solicitors' Golfing Society
§
u
jjuner Meeting at Dun Laoghaire, 21st June 1974
Resident's Prize: Michael Green (21) 40 points;
u,
Her-
U
p : G. A. Walsh (12) 37 points.
(
j Ryan Cup (Handicaps 13 and Over) : J. N. T a n h am
j 37 points; r u n n e r - u p: Daire Walsh (17) 37 points.
3
6
Handicaps 12 and U n d e r : B. G. M. Donnelly (1)
Points; r u n n e r - u p: Paul McLaughlin (7) 35 points.
h l r
s t N i n e: D. M. Buchalter (13)^20 points.
167
Second Nine : R. V. H. Downey (18) 21 points.
Competitor from more than 30 miles • F P Bvrne
(14) 36 points.
' '
y
Best Score by L o t : F. G. Keane (16) 31 points.
Autumn meeting—Captain's (B. G. M. Donnelly)
Prize at Tullamore, Saturday, 5th October 1974.
Henry N. Robinson (Hon. Secretary)