Publication of CEPEJ report on the notarial function in Europe

posted in: CNUE news

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The European Commission for the Efficiency of Justice (CEPEJ), a body of the Council of Europe, presented on 30 November 2017 the CNUE’s contribution to the CEPEJ’s specific study on the legal professions. The study uses the CEPEJ’s 2014 data, enriching them with examples on the practices and experience of notaries in the Member States.

The document is the result of an intense collaboration between the CEPEJ and the CNUE. It is available at the following address: https://rm.coe.int/specific-study-of-the-cepej-on-the-legal-professions-contribution-of-t/168076ccb9

The findings of the study are as follows:

• Latin type notarial activities are exercised in large parts of continental Europe, ensuring effective access to justice for citizens and companies. As an actor of preventive justice, the civil law notary prevents litigation and controls the legality of transactions with importance for citizens’ lives.

• Civil law notaries carry out general interest missions on behalf of their supervisory authorities in the most varied areas of law, such as real estate transactions, family and succession law. They ensure legality and legal certainty of documents concluded between individuals. By exercising real prerogatives of public authority that they receive from the State, they confer on the documents they draw up a guarantee of authenticity.

• Important steps have already been taken to lighten the burden of the courts and governments and examples and figures show that more and more competences are transferred to notaries for that purpose. One example at EU level is the adoption of the succession regulation, where many EU Member States transferred the competence to issue the European Certificate of Succession to notaries.

• High level of training of the profession, initial and continuous training.

• In many states, the notarial profession is at the forefront of electronic processing services.

• The notary also contributes in an important way to the prevention of money laundering and terrorist financing.