Specifically, it introduces the principle of proportional representation with each Member State having a choice about the type of preferential list it wishes, the incompatibility of the status of a Member of a national parliament with that of a Member of the European Parliament, with exceptions for the United Kingdom and Ireland until the 2009 elections, the power of each Member State to set the ceiling for the electoral expenses of candidates and the power of each Member State to create territorial constituencies which do not affect in a general sense the proportional nature of the elections.

1. Recalls that juristic personality is imputable to an organisation in accordance with the characteristics it has, and that these characteristics depend on the provisions defining the organisation as established by those who come together to form it; hence the question whether personality in international law is imputable to an organisation of states has to be answered in the light of the characteristics it has under the treaties between states which establish it. What determines the issue is whether the organisation is to be considered an entity competent to act in its own name and to bear rights and duties of its own, or does no more ...[+++] than constitute a framework of action by other subjects whose rights and duties are affected by acts and decisions undertaken in the framework of the association;

The idea is a good one, certainly, but, as its application is optional for Member States and producers and it does not provide any suitable solutions for breeders in a period of crisis in return for the freeze on output it demands, it is of little interest. In its present form, it would most probably be ineffectual.

(10) Whereas lawyers covered by this Directive should be permitted to give legal advice in particular on the law of their home Member States, on Community law, on international law and on the law of the host Member State; whereas this is already allowed as regards the provision of services under Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective excercise by lawyers of freedom to provide services (5); whereas, however, provision should be made, as in Directive 77/249/EEC, for the option of excluding from the a ...[+++]ctivities of lawyers practising under their home-country professional titles in the United Kingdom and Ireland the preparation of certain formal documents in the conveyancing and probate spheres; whereas this Directive in no way affects the provisions under which, in every Member State, certain activities are reserved for professions other than the legal profession; whereas the provision in Directive 77/249/EEC concerning the possibility of the host Member State to require a lawyer practising under his home-country professional title to work in conjunction with a local lawyer when representing or defending a client in legal proceedings should also be incorporated in this Directive; whereas that requirement must be interpreted in the light of the case law of the Court of Justice of the European Communities, in particular its judgment of 25 February 1988 in Case 427/85, Commission v. Germany (6);

On the other hand, in cases where Community legislation gives Member States the option of stipulating language requirements in favour of consumers, this option is generally not very well taken up.

The optional provision in Article 9(3) should be seen as one under which Member States may introduce tax provisions tantamount to a general prohibition on using any mode of transport other than one that is duly licensed for moving mineral oils.