We have been asked by a solicitor where exactly it is stated that the
authentic version of an EC legal instrument is the printed Official Journal
(i.e. for use in court he'll need a copy from the printed OJ, not a
print-out from a database). This is what I have always been told and have
found stated in numerous books, but nowhere is a reference given to any
legislation, case law or official guidance document backing this up. S. 3
of the European Communities Act 1972 says the OJ "shall be admissible as
evidence of any instrument..." but I can find no commentary on this
explaining whether it actually restricts this to the printed OJ.
Is it just that electronically produced documents are not admissible in
court, or it there a specific requirement for EC legislation?
On a side-issue: is the microfiche version of the OJ seen as equally
authentic? We may possibly be forced to ditch our bound volumes for space
reasons and would need to know for sure whether the fiche is an acceptable
equivalent.
Grateful for any help on this.
Hester Swift
European Union Librarian
The Law Society Library
113 Chancery Lane, London WC2A 1PL
Tel: 020 7316 5721
Fax: 020 7831 1687
Email: [log in to unmask]
This email is confidential. If you are not the intended recipient then you must not copy
it, forward it, use it for any purpose, or disclose it to another person. Instead please
return it to the sender immediately and copy your communication to
[log in to unmask] Please then delete your copy from your system.
Please also note that the author of this email is not authorised to conclude any
contract on behalf of the Law Society by email. Thank you.
|