The Gazette 1995

GAZETTE

NOVEMBER

1995

State. EU law is already here. In fact it

is estimated in the United Kingdom,

and I do not believe the position is

much different in Ireland, that "over a

third o f

existing

UK legislation arises

from an obligation to implement EC

law and this proportion is likely to

increase."

There is no doubt that this

trend is likely to increase - it has been

reckoned almost 7 0 % o f future

business law is likely to be derived

from the EU.

Offices

In an age of global communication

there is no great need for a solicitor's

firm/practice to be physically located

in various offices throughout Europe.

Keep in Touch with Developments

EU law can be difficult. It is evolving

rapidly. It is highly specialist in many

areas. The sources are not always

easily available. It is important to keep

abreast o f developments in the official

journal, the

European Court

Reports/Common Market Law Reports,

the specialist journals and the

multitude o f other sources.

The competition law rules relating to

joint ventures clearly demonstrate that

solicitors cannot advise solely on the

basis of the jurisprudence of the

European Courts. The competition law

rules on joint ventures are largely the

rules elaborated by the European

Commission rather than the European

Courts.

Access to EU law books is again

extremely important. The various

European Union Documentation

Centres around the country should be

availed o f by solicitors. There is no

area of the law which has resulted in

and needed such an outpouring of legal

literature as EU law. It is imperative, if

Irish solicitors are to keep abreast of

developments, to actually read the

literature.

Be Professional

It is difficult to dabble in EU law. It is

better to c ome to grips with a

particular area rather than seeking to

be an expert in everything - just as it is

not possible to be an expert in every

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branch of Irish law, it is even more

difficult to be an expert in all areas of

EU law.

Keep an Open Mind

Keep an open mind. T oo often, Irish

solicitors tend to think of taking all

cases to court. Mention o f EU law

means a call to Luxair! It may not be

the simplest, most expeditious or

indeed the best strategy to institute

court proceedings. Negotiation

between the parties based on EU law

may be the better strategy. Or a

complaint to the European

Commission may be more appropriate.

Conferences

Conferences are an important way not

only of marketing but also of educating

oneself. At conferences one often hears

insights which go beyond what is

available in the textbooks.

Find the Quickest and Best Solution

for the Client

There have been some cases taken

from Ireland to the European Court of

Justice. However, one must seriously

consider whether a solicitor advising a

client is always wise to recommend

taking a case all the way to the

European Court o f Justice. The

procedure is, in some cases, somewhat

long and tortuous when you include

the national appellate process as well.

Client Base

The firm's existing client base is often

extremely useful in developing an EU

practice. It is always much easier to

sell a new service to an existing client

than to sell an existing service to a new

client.

Areas of Opportunity/New

Opportunities

Competition law continues to be useful

to Irish solicitors in trying to develop

an EU practice. Recent cases such as

the

Irish Continental Group/CCI de

Morlaix (Port of Roscoff)

demonstrate

how an Irish company (Irish

Continental Group) can, within a very

short space o f time, seek a European

solution to the practical commercial

problem of getting access to the port of

Roscoff. The whole procedure took

from 8 February 1995 to 16 May 1995.

How long would it have taken had the

matter gone to court?

Compliance Programmes

Notifications to the European

Commission on competition law

matters are important and can be

critically important to ensure the

enforceability of an agreement and the

avoidance of penalties. Solicitors often

over-dramatise the whole EC

competition law procedure and this

often means that clients are put o ff by

the complexity and cost of the

procedure. Instead, solicitors can

market competition compliance

programmes to their clients.

Lobbying

Many English and Irish solicitors

appear to think that "lobbying" is just

not cricket. They believe that this is

somewhat beneath their professional

standing. Ye s, inappropriate lobbying

is inappropriate. However, solicitors

can assist their clients no end by

skillful, tactful and appropriate

lobbying or influencing. S ome

solicitors' firms in the UK have

established specialist lobbying groups

or units.

If is often possible to

influence a draft measure which is

about to be adopted by the European

Commission so as to avoid a problem

down the road. Quite obviously,

lobbying of the European Courts

would be wholly inappropriate but

lobbying of other institutions may be

very effective for a client.

: Conclusions

•i

Changes are needed.

| Let us turn for a moment to the

education of Irish solicitors in the

I realm of EC law.

The system of

teaching EU law to Irish students is, in

general (there are exceptions),

somewhat misguided. There is too

| much emphasis on the constitutional,

institutional, historical and political

aspects of the EU. While these areas

are very important, a greater emphasis

I should be placed on the substantive,

practical and procedural aspects of EU