“Public documents, authentically notarial!”, Jean-François SAGAUT, Chair of the CNUE’s European Authentic Instrument Working Group
Born of a reflection by the European Commission wishing to give a new dimension to the construction of a European citizenship, this proposal for a regulation intends to allow the free movement (withdrawal of legalisation or similar formalities) of public documents in the European Union in many areas.
The Notaries of Europe expressed their views in favour of:
- A gradual approach focusing on an area affecting more specifically citizens in their daily lives, namely public documents relating to civil status and coming from a public register;
- Insertion of ‘authentic instrument’ in the definition of public document, respecting the Community acquis resulting from the Unibank case law and European legislation;
- Maintaining the system of certified copies as the only alternative to the original, and their movement; legal certainty in Europe is at stake;
- Free movement of sworn translations done in another Member State;
- Optional use of multilingual forms in order to facilitate procedures for citizens.
For all the European notariat, 2015 will be a year when this area of work will be followed with great interest.
Let us welcome this, since it is important for the Notaries of Europe to show their determination to participate effectively in the construction of the area of Justice, Freedom and Security.
The authentic instrument has its rightful place here and can provide an appropriate solution!