The Gazette 1978

GAZETTE

DECEMBER1978

LAWYERS PROFESSIONAL

IDENTITY CARD

On the 22nd of March, 1977 the EEC Commission

emitted a Directive addressed to the Governments of the

Member States to facilitate the provision of services by

Lawyers. This is the Directive 77/249/EEC and it

requires the National Governments to introduce

legislation in their respective countries within a period of

two years from notification that is by the 24th of March,

1979.

One of the provisions of the Directive provides that the

competent Authorities of the Host Member States in

which the services in question are being provided may

require the Lawyer providing those services to establish

his qualifications as a Lawyer. At a meeting of the

Commission Consultative des Barreaux de la

Communaute Europeenne in Luxembourg in April, 1977

at the suggestion of the Irish Delegation it was decided

that it would promote a form of Lawyers Professional

Identity Card which would serve the purpose of fulfilling

this requirement. The card, in the six official languages of

the community, will be exactly the same for lawyers from

all nine countries but is intended to be issued to Lawyers

by each of the Bars constituting the Commission

Consultative. The form of the card, drafted nearly in its

entirety by John Cooke, Barrister-at-Law, the Barrister

representative of the Irish Delegation, is intended to be

contained in a plastic holder to fit easily in ones pocket

and, it is hoped, will in time become instantly

recognizable and acceptable throughout Europe by all the

competent Authorities and those dealing with Lawyers in

general. A copy of the form appears at the end of this

Article.

The Law Society is presently in the course of

drafting a form of application for Irish Solicitors who

wish to apply for such a card. It is probable that the

conditions of holding a card will include the holding of a

current Practising Certificate, Membership of the Society

and a compliance not only with the Society's Rules but

such of the Rules of Professional conduct in the Host

Member States as will apply to a Lawyer providing

services under the Directive in such Host Member States.

The Society are also at present in touch with Officials

of the Department of Justice in relation to the terms of the

Irish Legislation which will govern the provision of

services by Foreign Lawyers of the Community in

Ireland.

On the occasion of the meeting of the Commission

Consultative in Brussels the first Identity Cards to be

issued were formally presented by the EEC

Commissioner with responsibility for Internal Affairs and

the Liberal Professions, M. d'Avignon. This presentation

was the occasion also of a Press Conference followed by

a short reception and lunch given by the Commission

Consultative for various Officials of the Commission and

it was quite clear that all those present were impressed by

the foresight and efficiency of the Legal Professions in

making provision for the Identity Card and the wish was

expressed by a number of Officials that other Professions

might consider doing likewise.

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DISCIPLINARY

ACTION ON A

EUROPEAN SCALE

"VOEU DE BORDEAUX" ON DISCIPLINARY

ACTIONS

The Consultative Committee of the Bars and Law

Societies of the European Community expresses the wish

that where any pursuit of activities by way of provision of

services effected by a lawyer gives rise to fundamentally

divergent views between the professional authorities of the

host member State and the member State of the lawyer

concerned such two professional authorities will establish

contact and enter into discussion before taking any steps

leading to disciplinary action unless exceptional

circumstances in the particular case objectively justify

immediate action and if they are unable to agree the

principles involved and if so desiring, they may together

seek the guidance of the Council of Advice and

Arbitration of the Consultative Committee of Bars and

Law Societies of the European Community without

prejudice to the rights of the individual lawyer under the

Directive of 22nd March 1977.

Bordeaux, April 22, 1978.

193