The Gazette 1975

Legal Europe

THE STATUS OF THE PROFESSIONS WI THIN THE E.E.C. A Conference on the Professions within the European Economic Community organised by the Irish Council of the European Movement was held in the Shelbourne Hotel, Dublin, on Saturday, 14th December, 1974. About 20 professions were represented by 3 delegates each; these included the Irish Veterinary Association, the Irish Medical Association, the Royal Institute of Architects, the Irish Dental Association, the U.C.D. Staff Association, the Institute of Chartered Account- ants, the Pharmaceutical Society, the Institute of Quan- tity Surveyors, and the Institute of Engineers. Some senior Civil Servants from the relevant departments were also present. Mr. Brendan McGrath, Mr. John Fish and Mr. Gavan Duffy represented the Law Society. The Conference was opened by Dr. Thomas Murphy, U.C.D. The first lecture was given by Mr. Alan Bath of the European Commission in Brussels. It seems that by 1972, out of 40 draft directives on the Commission 12 referred to the liberal professions but none of these had been adopted by 1973. The draft directives covered the professions of doctor, lawyers, etc., and some of them give details as to daily hours of study and as to years of study. In the first instance the Commission held discussions with the doctors. In March 1974, the Commission proposed to the Council of Ministers a set of new guidedines, by which the professions were urged to adopt comparative methods to promote information in similar fields. It v/ns essential however that these rules should not be too rigid, but that there should be continuous consul- tation through advisory councils. The REYNERS and BINSBERGEN cases were then mentioned. The Com- mission had undertaken to have a fresh look at each directive affecting the professions, and more particularly the doctors. Draft Committees were to be set up which would contain members of each practising professions. The Dossier on Architects, which was first published in 1967, is still under active discussion, particularly in relation to the question how far engineers could practise as architects; as the technical questions involved were complicated, only transitional measures were considered in the first instance. The Dossier relating to the provision of services for lawyers was drafted in a very limited form, and, until the Reyners decision, Art. 55 seemed to restrict it further. The Commission will now have to consider how the BINSBERGEN and WALLRATH-KOCH decisions affect the issue. It is possible for national legislation to extend pro- fessional qualifications. Art. 48 does not apply to civil servants or employees of local authorities or of State subsidised bodies. The mutual recognition of academic

qualifications should encourage teachers to move from one member State to another. Senator Alexis Fitzgerald presided at this lecture. Dr. Farrelly presided at the second lecture which was given by Mr. William Lyons of the Department of Education. The lecturer referred to the resolution of the Council given in Luxembourg on 6th June, 1974 as to the future of academic degrees and diplomas; this contained flexible guidelines. The final qualifica- tions in each Member' State should be established. Lawyers in the Depts. of Justice and Foreign Affairs exercise a co-ordinating role in such matters as the draft directives on doctors and on architects. There have also been two medical directives: (1) on the mutual recognition of educational qualifications and co-ordination of minimum standards, and (2) on the range of knowledge required to be admitted as a doctor or an architect. The first of these directives was tem- porarily withdrawn for amendment, but there is no sign of agreement yet. As regards the mutual recog- nition of Architectural Diplomas, it was difficult to define precisely the profession of architect; various conditions of admission apply, and in Italy only univers- ity graduates are accepted. In the various member States, there is a wide variation between the length of the various architectural courses; the longest are in Belgium and Ireland, where 5 years are prescribed for obtaining the qualifications, plus 2 additional years practical experience. Dr. James O'Neill pointed out that the present medical representation before the European Commun- ity was unacceptable to the Irish Medical Union, as mutual confidence was lacking. Professor Murphy, President of University College, Dublin, said that the medical profession in Ireland was too much influenced by the medical profession in England but there were signs of change. The fear expressed elsewhere that bureaucrats would plant their own men without proper consultation with the profession had not occurred here, and the representative recommended by the Irish Medical Council had been appointed by the Govern- ment. Dr. Farrelly pointed out that there was complete unanimity and trust between the Veterinary Councils of the 9 Member States, and that they had agreed there should be a basic minimum standard for training for all concerned, as well as suitable regulations co- ordinating the profession. Mr. Bath, in thanking all concerned, pointed out that the Reyners case does not advance the principle of mutual recognition. Mr. W. A. Osborne, President of the Incosporated Law Society, presided at the next lecture. Mr. Osborne pointed out the difficulties with regard to freedom of establishment for lawyers, as some countries like France and the Netherlands interpreted the regulations in a liberal spirit while others like Belgium and Germany adopted a strictly restrictive attitude. The number of 8