Position Papers

CNUE identification number in European Commission’s Register of interest représentatives: 9108490742-26

CNUE Position Paper on the European Commission’s Proposal for Revision of Brussels I

Brussels,

Since 1957, the construction of Europe, like that of the European area of Justice, Freedom and Security, has been based on the principle of strengthening mutual trust between Member States. More recently, the Stockholm Programme and its Action Plan of 20 April 2010 insists on the need to enhance cooperation between justice professionals.

The Notaries of Europe have always worked to help the European authorities in their steps to improve the situation of people living in the European Union in order to make the area of Justice, Freedom and Security more tangible for them. Thus, foreign authentic instruments should benefit from the same legal effects in the destination Member State, namely probative value and enforceability, as those attached to the same authentic instrument in the destination Member State. Moreover, the Notaries of Europe have always called for the movement of instruments to be simplified by withdrawing all formalities such as the exequatur and additional formalities (apostille, legalisation) within the meaning of Article 56 of the Regulation and Article 72 of the proposal for revision of the regulation dated 14 December 2010, maintaining the highest level of legal certainty provided for by the law of the Member States.