2nd edition of the Notaries of Europe “open days”

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On the occasion of the European Day of Justice on 25 October 2017, the notaries of 16 EU countries are offering conferences, free consultations and information sessions for citizens.

For the second year, the Council of Notariats of the European Union (CNUE) is organising the Notaries of Europe Open Days. On this occasion, events are being organised in 16 EU countries for citizens and students. The programme includes information sessions, conferences and free consultations at which several thousand people are expected. Everyone will have the opportunity to ask questions and inquire about their family and property situation or to learn more about the role of notaries and the European and national institutions.

For Me José Manuel García Collantes, President of the CNUE :

This initiative is the result of a strong partnership with the European institutions which was a success in 2016. During the first edition, we organised more than 200 events that attracted some 20,000 participants. These Open Days demonstrate the willingness of the Notaries of Europe to promote access to the law for all.

European Day of Justice

The Notaries of Europe Open Days are part of the European Day of Justice, an initiative of the European Commission and the Council of Europe which takes place every year around 25 October
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Liste des évènements

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Events are being organised in 16 Member States:

– Austria: On 9 September 2017, about fifteen notaries met citizens in a central square in the city of Linz. Approximately 200 people benefited from consultations on real estate transactions.

– Belgium: On the theme “I plan my succession”, free information evenings are being organised in the 17 provincial chambers, on 24 October for the Dutch-speaking part of the country and on 25 October for the French-speaking part. Last year, nearly 1000 people attended these events.

– Croatia: The Chamber of Notaries of Croatia is organising a conference for law students presenting notaries and their services on 25 October at its offices in Zagreb. At the same time, the various regional chambers are opening their doors for free consultations.

– Czech Republic: The National Chamber is open and notaries will answer questions from the public on 25 October. It is also possible to ask questions via Facebook. At the same time, there will be information activities in the press and on television.

– Estonia: On 1 November, the 64 notary practices and 91 notaries in the country are welcoming the general public for consultations and presentations on the role of the notary. In 2016, 742 participants were registered.

– France: The Conseil Supérieur du Notariat français is organising a Facebook Live on 25 October in partnership with the information website “Femmexpat”. Notaries will be able to answer questions directly from citizens, expatriates or those with projects abroad.

– Germany: Readers’ forums, where several hundred participants are expected, are being organised on the subject of succession law in Zwickau (23 October), Dresden (25 October) and Leipzig (6 November).

– Italy: Notaries are visiting schools in the 91 national districts on 25 October to make presentations to primary and secondary school students on the European Union, legality, equality and inclusion. In 2016, nearly 15,000 students participated in this initiative. On the same day, a conference is being held in Rome on the rights of vulnerable people.

– Lithuania: The Lithuanian notariat is organising an “e-notary” open day on 25 October to present the new “eNotaras” system, which allows clients to access 24-hour information on notarial services, to order services and to exchange secure correspondence with their notaries. Each participant will be able to open an account in the system and the National Chamber will host online discussions and Q&A sessions on using the system and its benefits.

– The Netherlands: The European Notarial Network (ENN) is holding a meeting of its 22 national interlocutors in The Hague on 27 October. These interlocutors are at the service of notaries to provide them with practical information on their cross-border files.

– Poland: Consultations are being held on 25 November in 21 cities across the country on the theme “Talk to your notary about how to safely transmit your assets”.

– Portugal: During the week of 23-27 October, Portuguese notaries are opening their doors to citizens for free consultations. On 25 October, the National Order of Notaries is organising a conference on “The Notary at the service of European citizenship” to be held in Lisbon.

– Romania: The notaries are organising their open day on 25 October in the offices of the local and regional chambers, as well as in notarial offices. In 2016, 430 participants sought legal advice in 79 different locations and 1200 questions were submitted online.

– Slovakia: From 23 to 28 October, the Chamber of Notaries of Slovakia is organising free online consultations.

– Slovenia: Presentations, lectures and discussion panels are being held on 24 October at all law schools in Slovenia on the topic “The role and tasks of the notary in modern society”. On 26 October, all Slovenian notaries will open their doors to advise citizens.

– Spain: In the week of 25 October, notaries are attending 17 educational centres to make presentations to students of the last year of ESO and baccalaureate courses on the theme “The European Union, its pillars of Justice and the role and functions of the European notary”.

Notaries of Europe call for enhanced consumer protection in the digital environment

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Notaries make proposals with regard to a European framework on topics such as blockchain, electronic signatures, virtual identity and digital inheritance

The notaries of Europe, meeting at their 4th Congress, have offered their cooperation to the European institutions to strengthen the legal certainty of consumers and businesses in the digital environment. A series of proposals have been put forward as part of the European Commission’s strategy on the digital single market. One of the objectives of this strategy is to increase consumer confidence through better protection and compliance with standards.

With regard to online contracts, the Spanish notariat has submitted a proposal to intervene at the pre-contractual stage. The aim of this proposal would be to ensure that the general terms and conditions of online contracts comply with EU consumer legislation. According to the proposal, notaries would also provide consumers with impartial advice on the legal and economic consequences of their contractual obligations. The work carried out by notaries would be certified by a “notarial seal of conformity” affixed to all online contracts that they supervise. This seal could be used by companies as a quality label and would therefore also enhance legal certainty and confidence.

For the contractual phase of online contracts, the Dutch notariat has made proposals concerning, among other things, the identification of the parties and their digital capacity. A reliable identification of the digital entrepreneur and the means available to him or her to make sales or provide online services could increase consumer confidence.

Finally, the notaries of Europe have stressed the need to adopt measures to ensure legal certainty for consumers in the use of virtual identities, digital addresses, new technologies such as blockchain and finally in the area of digital heritage.

Facts and Figures

The 2017 edition of the European Commission’s Consumer Markets Scoreboard shows that over past decade the number of European citizens shopping online has almost doubled (from 29.7% in 2007 to 55% in 2017). In Europe, the e-commerce market is estimated to have surpassed €500 billion in 2016, according to the European B2C Report on Electronic Commerce, published by Ecommerce Europa.

4th Notaries of Europe Congress

From 5 to 7 October, notaries from 22 EU countries are gathering in the Spanish city of Santiago de Compostela for the Congress organised by the Council of the Notariats of the European Union (CNUE) on “EU Law at the Service of Citizens”. The current President of the CNUE, which represents more than 40,000 notaries in Europe, is a Spanish notary, Mr José Manuel García Collantes. More than 600 notaries are attending this fourth Congress, along with senior officials of the European and Spanish institutions, representatives of consumer and business organisations and other legal practitioners.

Notaries of Europe present proposals with regard to a European directive on the transfer of company seat in the EU

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A future directive on the subject could facilitate cross-border mobility of European companies and enhance legal certainty

The notaries of Europe, meeting at their 4th Congress, have presented a series of proposals with regard to a directive on the transfer of company seat in the European Union. There is currently no harmonised European framework for the cross-border transfer of seat. A transfer depends on national laws, taking into account the principles established by the Court of Justice of the European Union .

For the notaries of Europe, a future directive should provide for appropriate procedural rules and safeguards to protect workers, minority shareholders and creditors. The issue of the cross-border transfer of seat is relevant, particularly since the UK’s decision to leave the European Union. Many companies currently based in the United Kingdom are planning to transfer their seats to another Member State in order to maintain their status as European companies.

The European Union has been looking for solutions to facilitate the transfer of company seat within the European area since 1997, the year in which a draft Directive was presented which failed to gain approval. In accordance with the case law of the Court of Justice of the European Union, the cross-border transfer of seat within the European Union is protected by the freedom of establishment, provided that the company actually pursues a genuine economic activity in the host Member State.

4th Notaries of Europe Congress

From 5 to 7 October, notaries from 22 EU countries are gathering in the Spanish city of Santiago de Compostela for the Congress organised by the Council of the Notariats of the European Union (CNUE) on “EU Law at the Service of Citizens”. The current President of the CNUE, which represents more than 40,000 notaries in Europe, is a Spanish notary, Mr José Manuel García Collantes. More than 600 notaries are attending this fourth Congress, along with senior officials of the European and Spanish institutions, representatives of consumer and business organisations and other legal practitioners.

– Consult the Congress programme at: www.notariesofeurope-congress2017.eu

– Congress Facebook page: @notariescongress

– Congress Twitter page: @NotaryCongress et #NotariesCongress

Notaries of Europe gather in Spain to improve consumer protection in the digital environment and company mobility

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From 5 to 7 October, notaries from 22 EU countries will gather in the Spanish city of Santiago de Compostela for the Congress organised by the Council of the Notariats of the European Union (CNUE) on “EU Law at the Service of Citizens”. The current President of the CNUE, which represents more than 40,000 notaries in Europe, is a Spanish notary, Mr José Manuel García Collantes.

The opening ceremony will take place on Thursday 5 October at 11.30.

More than 600 notaries will attend this fourth Congress, along with senior officials of the European and Spanish institutions, representatives of consumer and business organisations and other legal practitioners. During several roundtables, they will discuss and present proposals to the European authorities on two topics: protecting citizens and consumers in the digital environment and transferring company seat in the European Union.

Notaries to Present their Proposals for European Consumer and Company Law

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The 4th Notaries of Europe Congress will take place in Santiago de Compostela from 5 to 7 October 2017. Some 700 participants are expected, including prominent political figures, representatives from business, the legal community and academia, in addition of course to notaries from across Europe.

The theme of this edition will be “EU Law at the Service of Citizens”, the aim being to analyse European civil and commercial law and make concrete legislative proposals to the European institutions. Two topics will be covered more specifically: one on consumer protection in the digital environment, the other on transferring company headquarters in the EU.

The rapidly evolving digital environment of notaries today raises many challenges, which also represent opportunities: the provision of digital services, digital inheritance, blockchains, bitcoins, etc. Notaries must adapt to their clients’ new consumer methods and propose innovative solutions, whilst making sure they guarantee the very essence of their function, i.e. legal certainty. The congress will provide an opportunity to issue recommendations to the European institutions on the subject.

On the subject of transferring company headquarters, the participants will be able to discuss the possibility of a European directive that would clarify the legal situation, which is currently uncertain for many companies. Indeed, the legal effects of transferring company seat are dealt with nationally and European case law sets out the principles that are applied on a case-by-case basis. A legislative proposal would need to reconcile several elements: fostering company mobility, protecting the interests of third parties (employees, creditors, etc.) linked to the transfer of seat, and facilitating the resolution of tax matters.

More information and registration on the Congress website 

– Page Facebook du Congrès : @notariescongress

– Compte Twitter du Congrès : @NotaryCongress et #NotariesCongress

José Manuel García Collantes at the Head of the 40 000 Notaries of Europe

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Mr José Manuel García Collantes, a Spanish notary in Madrid, today became President of the 40,000 notaries in the European Union. He takes over from Mr Paolo Pasqualis, an Italian notary, at the helm of the Council of the Notariats of the European Union (CNUE), the official body representing the notarial profession vis-à-vis the European institutions.

Mr García Collantes will serve throughout 2017 and intends to guide the CNUE’s work on the following issues: the digitalisation of company law, the fight against money laundering, implementation of the two new European regulations on matrimonial property regimes and registered partnerships, the development and promotion of notarial mediation in Europe and digital collaboration platforms between notaries, such as the European Notarial Network and EUFides.

The high point of the coming months will be the organisation of the fourth edition of the Notaries of Europe congress, which will be held in Santiago de Compostela from 5 to 7 October 2017. The theme of the congress will be ‘EU Law at the Service of Citizens”, the aim being to analyse European civil and commercial law and make legislative proposals to the European institutions. More specifically, two topics will be covered, one being consumer law and the notariat’s role in developing digital materials, the other being company law and transferring company headquarters in the European Union.

Mr García Collantes will bring his extensive European and international experience. He has occupied various positions at European level, such as that of President of the Commission for European Affairs of the International Union of Notaries (www.uinl.org). He was also President of the International Congress of Notaries in 2007. He is currently an adviser to the International Union of Notaries. In Spain, he was President of the General Council of the Notariat from 2013 to 2016 as well as being President of the Chamber of Notaries of Madrid. Mr García Collantes holds a Doctorate in Law and has been an Assistant Professor in Business Law at the Complutense University of Madrid. In 2016, the Spanish government awarded him the Orden de San Raimundo de Peñafort Cross of Merit recognising his valuable achievements in the field of Law.

Me José Manuel García Collantes declares :

In 2017, the notariats of the European Union will have to face a hugely significant challenge, brought about by the EU agenda: the consolidation of the European Digital Single Market. I am convinced that the European notaries have a great deal to contribute to the legal certainty of transactions on this market and, more specifically, to the legal protection of consumers within a digital setting.

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