The Gazette 1974

I LEGAL EUROPE I DEVELOPMENTS IN EUROPEAN COMMUNITY LAW– IRISH REPORTS

FIRST IRISH REPORTS-MAY 1973 Right of establishment and right to supply services 6.7. During the period since the signing of the Accession Treaty the Community has continued to give consideration to proposals for the implementation of the provisions of the EEC Treaty in relation to the right of establishment by professions and their right to supply services and to the mutual recognition of degrees, diplomas and other qualifications in order to facilitate self-employed persons in taking up and practising their occupations within the area of the Community. These proposals raise problems for us which are under consideration in consultation with the Irish professional organisations concerned. 6.8. I n regard to lawyers the proposals in a draft directive would apply to the following activities: (a) providin~ legal advice and (b) C1 r;:{u' ng C\ CCi.se without restriction before the courts, access to the documents in a case, visits to the prisoner and presence at the preparatory inquiry. The proposals are confined to the temporary provision of services in these fields by qualified lawyers in one member State to clients in another where the person providing the service has no establishment in the host country such as to constitute a new practice in that country and the services are provided under a contract concluded in the course of the lawyers' professional activities. In relation to the activities covered by the draft directive member States will be required to eliminate any restrictions: (a) which would prevent beneficiaries under the directive from providing services under the same conditions and with the same rights and obli~a­ tions as nationals and (h) which arise from administrative or professional practices resulting in treatment being applied to beneficiaries that is discriminatory in comparison with that applied to nationals. The European Parliament and the Economic and Social Committee were consulted on the draft directive and they suggested some amendments. I t is now beiny co~sidered by a working group of Government represen– tatIves o~ wh.ich t~is country is represented. Continuing consultatIon IS takmg place with both branches of the legal profession in Ireland in regard to developments on the proposals. 6.9. Draft directives providing for the right of esta– bl~shment and freedom of mo~ement of doctors and w.lth the mutual recognition of medical degrees and dlpl?mas and th~ training of doctors are still at dis– CUSSIon stage. DIscussions are, in fact, about to be reopened after. an interruption of about six months. The relevant I Tlsh professional interests have been con– sulted on all developments which have taken place to date.

JOINT COMMITTEE ON THE SECONDARY LEGISLATION OF THE EUROPEAN COMMUNITIES Thursday, 1 November 1973 The Committee sat at 3.30 p.m. Deputy Charles J.' Haughey in the Chair. Chairman: Senator Robinson has indicated that she would like to bring along some students of European Law from Trinity College, Dublin, to observe OUf proceedings and I am very happy on behalf of the committee to welcome them. Lawyers 6.11. A working group of officials of the member Statrs is cmt;nllin'~ the examination of the draft direc– tive on the provi<;i~m of professional services by lawyers (OJ No. C78, 20 June 1969). Meetings of the working group were held in June and October 1973. The dis– cussions were centred around the provisions dealing with the services that a foreign lawyer may provide and the conditions under which he may provide such services. The legal profession is being consulted on developments as they arise. The Real Estate Sector 6.12. The right of establishment and the right to provide services in all member States of the Community was extended to persons in occupations in the real estate sector by Directive 67/43 of 12 January 1967 (OJ No. 10, 19 January 1967). This Directive became applicable in the three new member States from the date of Accession and the Accession Treaty listed the' occupations in each of those States to which the Direc– tive applies. In the case of Ireland, these occupations were listed as: auctioneers; estate agents; house agents; property developers; estate consultants; estate managers and estate valuers. A working group of officials of the member StateS has been constituted and is considering the question of . co-ordinating national provisions regarding access to and practice of occupations in the real estate sector. One of the problems encountered in this work is the I wide variety of such occupations in the member StateS and the varying nature of the conditions governing' acces~ to them. A meeting of the working group waS held m Brussels on 24 May 1973. Proof of Good Repute and Proof of non-Bankruptcy 6.13. In some member States persons proposing to take up certain occupations are required to produce proof that they are of good character and/ or that they have not previously been declared bankrupt. EEC Treaty provisions regarding right of establish– ment and right to supply services have been applied by SECOND IRISH REPORT-NOVEMBER 1973

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