The Gazette 1995

GAZETTE

NOVEMBER 1995

law. A course must prepare a student

for perhaps 4 0 years of professional

life and must therefore still equip the

lawyer to practise in the area by

teaching the

European Legal Method.

For example, it is difficult for some

common lawyers to struggle with

concepts such as "agreement" in

Article 85 of the EC Treaty and not

read into the term the concept of

contracts.

EU law is not remote law. It is wrong

for us to keep talking about

"Brussels'V'over there'T'Europe'V

"Eurocrats" and so on. EU law is here.

The European Commission will

continue laying golden egg proposals,

fines and decisions. There are

limitations. It is vital to recognise ones

limitations in terms of experience,

expertise and resources. There is a

great need to play down the high

political element.

Many clients are put off by the

political nature of EU law and the

enormity of the EU system. It is true

that, in certain areas of EU law, the

political dimension is more apparent

than it may be in municipal law but it

is much less so than in the case of

public international law. Similarly, the

EU institutional apparatus is enormous

but institutions such as the European

Courts and the European Commission

are extraordinarily open and

transparent in the way in which they

deal with the public. It is therefore

clear that solicitors should not be

worried about dealing with such a

regime but should instead assist their

clients in realising that the system can

work to their advantage.

The English Law Society has assisted

its members by publishing a book

entitled "Solicitors and the European

Union: Making EC Law Work for your

Client". It would be very useful if the

Law Society of Ireland were to follow

the example of their English

counterpart and produce a book which

would distil the practice of the

European courts and present real-life

examples, checklists and guidance for

Irish solicitors. For example, a check-

list of the EC implications of various

transactions and common situations

which arise in practice.

In conclusion, Irish solicitors do not

spend a great deal of their time before

the European Courts. However, every

Irish solicitor who ever has to practice

or advise on EU law must pay

particular attention to the

jurisprudence and practice of the

European Courts.

*Vincent Power is a solicitor in A&L

Goodbody, Solicitors. He practises in

the firm's EU and Competition Law

Department.

References

36. Lasok.

The European Court of Justice:

Practice and Procedure

(2nd ed., 1994),

pages 124 - 129.

37. See the excellent paper by Temple Lang in

The Legal Implications of 1992

(1988). See

also miscellaneous articles including Guy,

"How to Attract European Clients"

Gazette

90/13, 31 Mar. 1993 and Jacobs' interesting

article "Preparing English Lawyers for

Europe" (1992) ELRev.232.

38. Case C-213/89

R v Secretary of State for

Transport, ex parte Factortame

[ 1990]

ECR 1-2433, [1990] 3 CMLR 1; on appeal

C-221/89 11991 ] 3 CMLR 589.

39. O'Neill and Coppel

EC Law for UK

Lawyers

(1994), page 3.

40. The UK Department of Trade and Industry,

Review of the Implementation

and

Enforcement of EC Law in the UK

(1993) at

page v para. I.

41.

Ihid,

page 41, para. 4.14.

42. For example, Clifford Chance has recently

established such a group.

43. See Pertek, "The Europe of Universities"

(1992) 1 I

YEL

257.

% %

not 6úid

tf&un,

oveddúup

lecefitc&H,

t6e

elegant

úttnn&UHdíHqA,

SUcMcUl PUce?

• Parties of up to 200 catered for.

• "Afters" catered for.

• Available to solicitors and their sons,

daughters, brothers, sisters, nephews

and nieces.

• Attractive location for photographs.

Contact:

Áine Ryan (Phone 6710711, Ext. 472)

for a competitive quote.

279