The Gazette 1975

munity Law in general, instead of studying the prin- ciples of private commercial International Law in the European Countries. It was essential to be in a position to solve problems of the business community rapidly. He personally had to decide on the validity of a con- tract worth £2£ million without having an opportunity of referring to books. It is also essential to determine, in the case of a contract under private international law, which law is the most advantageous to be applied in the particular case. Mr. Dermot Devine stated that the Commission had devised two Conventions (1) A Convention relating to Judgments signed by the six original Member States, (2) A Convention on Private International Law which was never ratified. At the Convention of the Ministers of Justice in Brussels in November, 1974, Britain was alone in objecting to signing it. , Mr. Bath, in reply to a question, stated that regul- ations concerning engineers were of a double dimen- sional complexity. It would not be possible at this stage to evolve a regulation for the engineers profession. In relation to any regulation, the Council of Ministers was entitled to consult the European Parliament as well as the Economic and Social Council. The dossier for the architects' profession had for instance undergone many changes through the years. Mr. Roger Hussey, President of the Institute of Char- tered Accountants, presided at the next lecture, which was delivered by Mr. Dermot Devine, a Director in the Competition Section of the Commission in Brussels. It was emphasised that one of the main objectives of the Treaty of Rome was the promotion of mobility of persons. In pursuance of the idea of a characteristic economic non-wage earning activity, the principle of establishment must be continuous or recurrent. Never- theless a free offer of services must not be connected with public authority. A right had been established, not to be discriminated against on the basis of nation- ality. This right was confirmed by the Reyners and Binsbergen cases. While an Irish pharmacist who wishes to establish himself in France as a pharmacist must conform in all respects with the French regulations, nevertheless all nationals of each Member State have a right of establishment in another Member State. With regard to establishment, a distinction must be made between (1) regulated and (2) unregulated econ- omic activities. Unregulated economic activities com- prise wholesale and retail, whereas strict qualifications are laid down in the case of regulated economic activ- ities. Any discrimination relating to nationality has now disappeared in dealings with unregulated economic activities. It is important to realise that one cannot claim a right of establishment per se but that in every case national qualifications are also essential. However the more ambitious the co-ordination, the greater the mobility. Less ambitious projects are easier to achieve, as they promote lesser mobility, which can, if need be, be amplified. In relation to the professions, the term "ambitious" would include a mutual recognition of qualifications and a guarantee of minimum standards. The term "less ambitious" would apply to qualifications topped by practical experience. The period would in any event 9

students applying for admission to the legal professions had increased to such an extent that it was posing a serious problem. Mr. Gerald Fitzgerald, solicitor, Brussels, stated that there was not much material avail- able as to the conditions of the professions in the Member States, and this created difficulties in harmon- ising regulations. Normally directives relating to pro- fessions were published in 3 parts:- (1) Professional basic rights, (2) Mutual recognition of the profession amongst Membed States and (3) co-ordination of the legislation and the regulations relating to the profession amongst the Member States. Provision was being made to eliminate all difficulties relating to access to social security amongst recipients in Member States. As regards practising as a solicitor in Belgium, he was not recognised as a qualified Belgian lawyer, and had to avail of the services of a Belgian avocat in any matter relating to Belgian law. Even though he was only entitled to be a conseiller juridique, the Belgian authorities insisted upon obtaining the prior authoris- ation of the Irish authorities before he could open an office, which is under the disciplinary control of the local Brussels Bar. The Reyners case decided that Article 52 was directly applicable to Member States. In other words, national regulations relating to the professions which are too onerous are no longer enforceable. Undoubtedly the co-ordination of legal education will take place more rapidly than is anticipated. Mr. Osborne said he did not think many Irish legal practitioners would wish to practise in Europe. However it was up to each pro- fession to look after its own interests. Mr. Fitzgerald mentioned that there were various academic courses in European Law available. On the whole, there had not been much progress with lawyers in regard to the problem of freedom of establishment. However any university law teachers who had a right of audience in their national Courts would be heard in the Euro- pean Court. In answer to a question whether the Government concerned would nominate all professional members to discuss directives, Mr. Bath stated that in general there was no indication as to how such members would be nominated. All nominations on an advisory level would be made by the National Government, but many nominations will come directly from the professions in the Member States; it would be for the Council of Ministers to make the appointments. In Belgium, there were many Bars in different pro- vincial centres, and it was possible to set oneself up as a legal adviser without legal qualifications, provided one did not attempt to practise in the Courts. Mr. Bath also pointed out that in the case of Van Duyn v. Home Office (The Times, 5th December, 1974), the European Court, although affirming the freedom of religious practice, had found the tenets of Scientology as a religion objectionable, and consequently the Home Office were justified in refusing to allow the plaintiff to live in England. Mr. Fitzgerald pointed out that the tenets of Scientology contravened the restrictions on public order. Mr. Brendan McGrath, a former President of the Society ,suggested that we were concentrating too much on the right of access and establishment, and on Com-