At its meeting in Marseille (France) on Wednesday 11 October, the General Assembly of the Council of the Notariats of the European Union (CNUE) declared its support for the European notariat’s integration into the European Judicial Network in civil and commercial matters. The decision, taken by representatives of the notariat from the Member States, responds to the concerns of the Commission, which put on the agenda the possibility of integrating the legal professions into the Network. It is consistent with the notariat’s intention to meet the objectives of the Hague Programme for Freedom, Security and Justice and better access for citizens to the law, particularly in cross-border legal relations.
The EU notariats highlight that civil law notaries could be integrated into the Network in areas such as the smooth operation of procedures having a cross-border impact, in particular with regard to settling successions, the trade register and company law, the land registries and the transfer of real estate, family law – including matrimonial property law and divorce – and mediation procedures. These areas in which civil law notaries are involved are sectors in which citizens and families moving around within the EU – where they live, marry and buy property – expect legal advice and intervention.
The Vice-President of the European Commission, Mr Franco Frattini, stressed that civil law notaries act as intermediaries between Europe and its citizens. Their integration into the Network – which is supported by Mr Frattini – would enable civil law notaries to fulfil this role even better.
It must be underlined, as the Commission has noted, that some Member States have already integrated legal professions into this network. This is the case for legal professions in the Czech Republic. It is also the case for the notariat in France.
The CNUE confirms the EU notariats’ intention to play an active role in the European judicial area in civil matters. The main aim, recalls the CNUE, is to make procedures easier for citizens and businesses.