The Gazette 1974

remove any restrictions based on nationality whicH would hinder this freedom to provide the legal services concerned. There is continuous consultation wi th both branches of the legal profession on the d r a ft so that account can be taken of their views in deciding the line to be taken in the working group discussions. As a result of our entry into the EEC, there will he an important new body of law in the financial, indus- trial and commercial fields to be dealt with by our courts. T h e newly-established relationship between our court" and the Court of Justice of the European Com- munities is of particular interest to my Department- New procedures are required in this context. In December 1972 two sets of regulations were made under the European Communities Act, 1972, so as to link up our judicial system with the European Court- These regulations related, respectively, to rule", of court and enforcement of community judgments. T h e Euro- pean Court (Rules of Court) Regulations, 1972, pro- vided a basis for any new court procedures made nec- essary by this country's membership of the European Communities. T h e second set of regulations—The Euro- pean Communities (Enforcement of Community Judg- ment) Regulations, 1972—were necessitated by the Tr e a ty Provisions whereby judgments of the European Court and certain decisions of Community institutions are enforceable in the Member State concerned under the rules of civil procedure; these regulations provide for enforcement of "community judgments" under the procedure here for enforcement of divil judgments of the Irish courts. Th e European Communities (Judicial Notice and Documentary Evidence) Regulations, 1972, which were also made under the European Communities Act, pro- vide that judicial notice shall be taken of the Treaties governing the European Communities, of the Official Journal of the Communities, and of decisions of, ° r expressions of opinion by, the European Court of Justice; these regulations also provide for the proof n 1 evidence of the treaties and of certain Community acts, judgments and documents. T h e treaties confer on the European Court jurisdic- tion to give rulings concerning the interpretation of :he treaties, the validity and interpretation of acts of institutions of the Communities, and the interpretation of the statutes of certain Community bodies. National courts may refer questions of this kind to the European Court and the making of rules of court in connection with such referrals is under consideration by the Courts' Rules Committees. I should mention, in this general context, that the European Court, represented by its President and five judges, with an Advocate-General and the Registrar of the Court, paid an official visit to this country in November, 1972. Th e re have also been a number of visits by judges of our courts to the Court in Luxem- bourg. T h e Community institutions and the Memb er States are continuing with the work of harmonising their legal provisions which have a direct bearing on the establish- ment and functioning of the Common Market. T o this end a number of Conventions have been prepared of are being prepared under the auspices of the EEC. M> Department is directly concerned with three particularly important Conventions. These are the EEC Conven- tions on Jurisdiction and the Enforcement of Civil and Commercial Judgments, on Bankruptcy, and on Private International Law. T h e first-named Convention, which applies to maintenance orders as well as other civil 100

the process of setting up the tribunal and its organisa- tion to administer the scheme and when I have done this—which should take no longer than a week or two— claimants will be in a position to get in touch with the tribunal itself. I may add that the tribunal will be entirely independent in determining claims. I recently caused copies of the scheme to be laid before the House. Entry into the EEC has affected my Department in a number of re pects, principally in relation to the Communities' Court of Justice and the treaty provisions regarding right of establishment and approximation of laws. Community Regulations and Directives Th e Council of the European Communities has issued a considerable number of directives and regulations to implement the treaty provisions regarding free move- ment of perrons and services. One of the effects of these directives and regulations is to require member states to liberalise their regimes of entry and residence in respect of nationals of other member states availing themselves of the right of establishment, right to rupply services and right to free movement of workers. T h e European Communities (Aliens) Regulations, 1972, accordingly confer rights of entry and residence on certain cate- gories of persons who are nationals of member states of the Communities. These regulations take account of the special transitional provision in regard to free move- ment of workers that has been made in favour of this country in the Tr e a ty of Accession to the Communities. T h e right of establishment and the right to supply services has already been extended to some occupations in respect of which I am the appropriate Minister. As a result, Irish nationals or companies who wish to engage in the sale of intoxicating liquor, to act as auctioneers and house agents or to deal in arms, ammunitions and explosives can establish themselves in these occupations or supply the services in question in any state in the Community on the same basis as nationals or firms of the host member state. Conversely, nationals and com- panies from other member states can establish them- selves here, or supply relevant services here, on the same basis as Irish nationals and Irish firms—in other words, they must comply with Irish law in all respects if they want to engage in those occupations here. As far as this country is concerned, no change is needed in our existing legislation governing there occupations because our law does not discriminate against non-nationals. Similar provisions have been applied to pawnbrokers and moneylenders by virtue of a directive on freedom of establishment for banks and other financial institution" made by the Council on 28 June 1973 hut member states have been given until the end of 1974 to apply the provisions in the case of these two occupations. Directive on Freedom of Lawyers A draft directive on the freedom of lawyers of mem- ber states to provide certain services in other member states is at p r e e n t being studied by a working group established by the EEC Council. T h e proposed directive would permit lawyers of any member state to provide legal advice and also to engage in advocacy before the Courts in other member states on a temporary basis in pursuance of a professional engagement. Un d er the d r a ft directive, member states would he required to