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GAZETTE
DECEMBER 1978
THE COURT OF JUSTICE OF THE EUROPEAN
COMMUNITIES
by Gregg Myles LL.M., LL.B., Dip.
LL. (Crimin.), Solicitor Belfast: The Northern Ireland
Solicitors' European Group, 1978
familiar with those Articles in the Treaty from which the
Court of Justice draws its jurisdiction and the procedures
under which that jurisdiction is exercised.
Gerald J. Moloney.
A wealth of information which quite belies its size is
contained in this 36 page Booklet. The Role and
Organisation of the Court, Enforcement of its Judgments
in Northern Ireland, the Court's Attitude to
Interpretation of the Treaty of Rome and Community
legislation, and its future are dealt with in 8 pages while
22 pages are devoted to the questions of Jurisdiction and
procedure and 6 pages to 253 references.
The preface by Jean-Pierre Warner the British
Advocate General attached to the Court of Justice says
that all "who are anxious to make the Community Legal
System work as well as possible for the benefit of every
European have cause to be grateful to him" (the Author)
but in my opinion every Lawyer who has the least interest
in finding out how the new European Law arising under
the Treaty is put into effect and how this new law can
effect the domestic law in any of the 9 States also have
cause to be grateful to him. Not only does the Book
contain a great deal of practical information but it also
gives a very good idea of the areas in which any Lawyer
may have to hesitate and consider whether some aspect of
Community Law may apply to the circumstances on
which he is advising and how the national
situation
is
affected.
In general the style is simple and clear. The
considerable research which, obviously, was necessary
has been distilled and distilled again so that nearly every
sentence contains new useful information. Many are
elaborated by the many notes the Author refers to
throughout.
Save in the opening paragraph when he uses the full
title of "Court of Justice of the European Communities",
the Author refercs to " t he Cou r t" which is
unobjectionable or to "the European Court" which I
think is a term to be avoided. In the Book under review it
causes no confusion but when used elsewhere this term
leads to confusion with either of the 2 Courts which sit in
the Hague and Strasburg. A somewhat more practical
criticism which might easily be remedied in any
subsequent edition is the omission of any index and an
omission of the list of Statutes and Rules of Procedure
and where they might be obtained. Such omissions tend to
detract somewhat from the Book as a practical Reference
Book.
There is also an apparent contradiction on page 22
dealing with the question of relief for non-contractual
liability under Articles 178 and 215 (2) of the Treaty. The
Report of
Lutticke GmbH
v
Commission
is quoted as
authority for the statement that for liability to lie the
behaviour of the Community Institution must be illegal
while another reference (referring to an Article in the
1976 European Law Review and an Article by Lord
MacKenzie Stuart in the 1975 Common Market Law
Review) is quoted as authority for the statement that "a
Community Institution can be liable for harm caused by
an act infringing (the principle).. .even where the legality
of the act itself is not in question."
Notwithstanding these criticisms I consider this Book a
must for every practising Lawyer who is not already fully
SOCIETY TO SPONSOR
JOHN MATHEWS LECTURE
The Society has decided to sponsor a Lecture in
memory of the late John Mathews who died in 1978
at the age of 32. John Mathews who was a Partner
in the firm of McCann Fitzgerald Roche & Dudley
had been the Society's Lecturer in Conveyancing
and had been a Member of the Society's Education
Advisory Committee from its inception until he was
compelled by illness to resign. It is fitting therefore
that the Lecture should be held on the occasion of
the opening of the Society's new Professional
Training Course.
The Lecture which will be held in the Law Society,
Blackhall Place at 8.15 p.m. on Monday the 19th
February 1979 will be given by Kevin O'Leary and
will be entitled "Current trends in Professional
Legal Training".
Kevin O'Leary is the founder and Director of the
Professional Workshop at the Australian University
at Canberra and is a Pioneer of Legal Training
Courses. He is also a former Chairman of the Law
Council of Australia.
All Members of the Society are welcome to the
Lecture.
THE LAW SOCIETY
Vacancy for
Assistant Examiner
in Real Property
Applications are invited not later than 16th February,
1979 for the post of:
Assistant Examiner in Real Property
Particulars may be obtained from:
DIRECTOR GENERAL,
The Law Society,
Blackhall Place, Dublin 7.
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