The Gazette 1995

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GAZETTE MEDIWHMARCH1995
The CUBE group photographed at the Society in January. From left to right (front row): Mr.
Richard MeComhe, Q.C.; Mr. Michael Irvine, Chairman of the Law Society's EU Si
International Affairs Committee; Mr. John Dowling, Director, Bar Council; Mr. Michael
Deakin; Mr. Ian I). Dunhar; Ms. Su/iinne Bryson; Mr. Matthew Clarke, Q.C.; I lead of the U.K.
Delegation; Mr. Patrick A. Glynn, President, Society; Mr. John Pish, Head of the Irish
Delegation; Ms. Margaret Byrne, Irish Information Delegate. Back Row: Mr. Ken Murphy,
Director General, Eaw Society; Mr. Eoghan I'it/sinions, S.C., Mr. Aidan Canavan, President,
Society, Northern Ireland, Ms. l.indsav Paterson, Mr. Hamish Adamson, Ms. Fiona Woolf.
health. At all events, regard must be
had to the fair balance that had to be
struck between the competing
interests of the individual and of the
community as a whole.
In the instant case, the waste-
treatment plant in issue had been
built to solve a serious pollution
problem in Lorca but as soon as
it had started up. it had caused
nuisance and health problems to many
local people.
The town council had reacted
promptly by rehousing the residents
affected, free of charge, in the town
centre for the summer months, but its
members could not have been
unaware that the problems had
continued after the partial cessation
of the plant's operations on
9 September 1988. The Court noted
that the municipal authorities had
failed to take steps to protect the
applicant's right to respect for her
home and for her private and
family life.
The Court accordingly held that,
despite the margin of appreciation left
to it, the respondent State had not
succeeded in striking a fair balance
between the interest of the town of
Lo r c a 's economic well-being (that of
having a waste -treatment plant) and
the applicant's effective enjoyment of
her right to respect for her home and
her private and family life. In the
Court's unanimous opinion, there had
accordingly been a violation of Article
8. (right to respect for private and
family life and the home). The court
awarded the applicant compensation
for damage and a sum for costs
and expenses.
At the invitation of the Irish
Delegation, the UK Delegation to the
Council of the Bars and Law Societies
of the European Community ( CC B E)
held its delegation meeting in Dublin
on 30 January, 1995. Members of the
Delegation attending represented the
Bars and Law Societies of England and
Wales. Scotland and the Law Society
of Northern Ireland. The Members of
the Irish Delegation attended as
observers.
The main item on the agenda was the
European Commission's recently
published draft directive on
e s t a b l i s hment of lawyers in a Member
State other than that in which they
qualified. This proposal is the
Commission's response to the C C B E ' s
own model draft presented to the
Commission two years ago.
Both Delegations are very concerned
that it departs from the C C B E draft in
two significant respects. Firstly,
instead of allowing an unlimited right
of establishment, it allows lawyers
only a temporary right, for a period of
five years, to practise under home title
in the host Member State, after which
time they will have to decide whether
or not they wish to be admitted in the
host Member State or cease practising
there. Secondly, the provisions
regarding automatic admission to the
Bar of the host Member State after a
three year period raise issues of
competence, quality control and
consumer protection.
Since this meeting C C B E Working
Group meetings have been held to try
and reach a compromise position on
these issues.
CCBE UK Delegat ion Meet at the Law Society
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