The CNUE welcomes three new observer members to its ranks

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On 12 June in Vilnius, CNUE member and observer notariats met for their plenary General Assembly. This date marked a milestone in the history of the organisation. At the start of the proceedings, an official ceremony was held to celebrate the addition of three new observer members to the ranks of the CNUE: the notariats of Albania, Georgia and Moldova.

High-level representatives from the notarial and political institutions of these countries took part in the event, highlighting the importance of this decision, which brings these notariats closer to their European counterparts and symbolises a further step on their path towards European integration.

The Lithuanian Minister of Justice, Ewelina Dobrowolska, stressed that the CNUE offers its observer members a network of experts for the exchange of best practices, as well as an interface for dialogue with the European institutions and a valuable source of information for European citizens. She also urged the CNUE to continue providing support to Ukraine and its notariat.

The President of the UINL, Lionel Galliez, the First Deputy Minister of Justice of Georgia, Tamar Tkeshelachvili, and the Ministers of Justice of Albania, Ulsi Manja, and Moldova, Veronica Michailov-Moraru, also expressed their appreciation of this further step towards European integration, which is the outcome of a process of consolidation and cooperation between the notariats of these countries, their national institutions and the European notariats.

At the General Assembly, the President of the Ukrainian notariat, Volodymyr Marchenko, thanked the European notariat for its support since the beginning of the war. He described how the support provided by the CNUE was used in practical terms on the ground, for notaries and their families. The President of the CNUE, Marius Stračkaitis, reminded participants that a conference would be organised on 13 September in Vilnius under the sponsorship of the Lithuanian Minister of Justice on the topic of “Strengthening the Rule of Law and the Notariat: Insights from the European Union Members and Ukraine”. The conference will be devoted to the strengthening of the notarial profession and the improvement of cooperation, with the participation of CNUE members and observer countries, as well as representatives of European, Ukrainian and Lithuanian institutions.

Finally, the participants discussed the results of the European elections and the institutional deadlines that will follow, in particular the appointments to the highest European posts – Presidency of the Commission, Presidency of the European Council and High Representative of the Union for Foreign Affairs.

Copyright photos Eduardas Bareika

The Belgian register of European Certificates of Succession is now interconnected

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From 27 May 2024, the Belgian register of European Certificates of Succession (ECS) will be able to query and be queried by the French, Luxembourg, and Dutch registers, which are already interconnected by the European Network of Registers of Wills (ENRW).

The interconnection of ECS registers facilitates the implementation of European Regulation 650/2012 on cross-border successions, which has been in force in 25 EU Member States since 17 August 2015. The Regulation introduced the ECS to make life easier for heirs and legatees in their cross-border transactions. The purpose of this European instrument is to establish the qualities of the persons called upon to participate in the liquidation of a succession (Article 63 of the Regulation).

The regulation also requires signatory states to keep information relating to ECSs. Each Member State has defined a jurisdiction and a competent authority for the purposes of issuing the ECS (article 78(c)) and the procedures for recording and storing ECS. In November 2023, the CNUE recommended that the EU should consider requiring Member States to create a public register to record ECSs and to interconnect it via the ENRW (Report on the application of the European Regulation, Recommendation #15).

More information on www.arert.eu

ENN seminar and meeting – Brussels, 25-26 April 2024

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On 25 April, particularly fruitful exchanges took place at the international seminar organised by the CNUE and the Conseil International du Notariat Belge. The theme of the event was “The cross-border protection of vulnerable adults”, and was part of the European Notarial Network’s annual programme of activities, supported by the European Commission.

In his introduction, Anthony Leleu, President of the Belgian National Chamber, outlined the social and legal issues raised by this topic. Belgian notary Lisbeth Michielsens then gave a comprehensive overview of the tools available to notaries to help them process their cross-border cases: the European Directory of Notaries, information websites, the e-Justice Portal and, of course, the ENN platform (www.enn-rne.eu), etc.

Lenka Vysoka, Policy Officer at the European Commission, spoke about the legislative package published by the European Commission in May 2023. It includes a proposal for a Council Decision requiring all Member States to be party to the Hague Convention of 13 January 2000 on the Protection of Adults and a proposal for a Regulation aimed at facilitating both the determination of the competent courts in the Member States and of the applicable law, as well as the recognition and enforcement of protection measures taken in another Member State.

Her speech was followed by a panel discussion, the aim of which was to provide an overview of the national situations regarding judicial and extra-judicial protection measures in Belgium, France and the Netherlands. These exchanges were a prelude to work carried out in small groups of participants, which enabled a better understanding of the national frameworks of the various Member States.

The following day, the ENN’s national interlocutors held their first annual meeting. On the agenda were the establishment of a framework for cooperation with the European Judicial Network, access for Serbian notaries to the ENN’s online platform, and in-depth discussions on the tools and functionalities made available on the platform.

CNUE General Assembly – Brussels, 15 March 2024

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The CNUE held its first General Assembly of 2024 today. Under the presidency of Marius STRAČKAITIS, the meeting opened with a tribute to Giancarlo LAURINI, honorary president of UINL, CNUE and the Italian notariat, who passed away recently.

This General Assembly was also the first to be attended by Vincent TILMAN, the new Secretary General of the CNUE, who took up his duties at the beginning of March. He took the opportunity to present his work priorities and his vision for the organisation over the coming months.

Among the items on the agenda, the participants discussed the legislative package currently under discussion on the cross-border protection of adults. Negotiations should be concluded after the elections, under the Polish Presidency of the Council. The General Assembly also welcomed the positive outcome of the negotiations on the anti-money laundering package and the digitalisation of company law.

The General Assembly also gave the go-ahead for the Georgian notariat to become an observer member of the CNUE. An official ceremony will be held on 12 June at the plenary General Assembly in Vilnius. The notariats of Albania and Moldova, which became observer members last December, will also take part.

In the afternoon, the CNUE welcomed a distinguished guest in the person of Philipp SCHULMEISTER, Director for Campaigns at the European Parliament. Mr SCHULMEISTER came to present the #UseYourVote campaign launched by the Parliament with a view to the European elections to be held from 6 to 9 June 2024 (https://elections.europa.eu). The CNUE has agreed to become an institutional partner of this campaign and to help raise awareness among European citizens of the importance of voting.

CNUE Annual Report 2023

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The CNUE has just published its annual report for the year 2023. You will find all the highlights of the past year for the European notariat.              

The annual report is available in English and French.

News CNUE, 2 February 2024

European elections 2024: the proposals of the Notaries of Europe

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Launch of the new training programme EL@N II

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The Kick-off meeting of the EU co-funded project EL@N II successfully unfolded on 12 January in Vilnius, following the Handover of Powers ceremony on 11 January, and marking a first significant milestone of the CNUE Lithuanian Presidency.

Under the chairmanship of Mr. Marc Wilmus, Chair of the CNUE Training Working Group, and with the active participation of representatives from all consortium partners, the kick-off meeting provided a platform to discuss and plan the deployment of activities across five key training modules important for European notaries.

The meeting featured presentations by leaders from different Working Groups, outlining plans for constructing modules on Successions Law, AML, Cross-border enforcement of Authentic Acts, English for Notaries, and Strengthening gender equality in the notarial practice. The training material will progressively be made available to notaries connecting on the CNUE eLearning platform, accessible through the ENN website. Furthermore, EL@N II will allow notaries to get trained, to meet and to exchange views and opinions through a series of seminars and webinars.

This collaborative event allowed partners to share ideas and thoughts on the prospective modules, fostering a collective agreement on roles, tasks, and timelines for the delivery of the project’s outputs. The consortium looks forward to a dynamic and impactful implementation of its initiatives, propelling EL@N II towards its goals of innovation and progress in notarial practices.

The newly started EL@N II project, a new CNUE coordinated initiative on training co-funded by the EU, will last two years and will count on the cooperative work of national notariats from Austria, Belgium, Croatia, the Czech Republic, Germany, Italy, Lithuania, the Netherlands, Portugal, Slovenia, and Spain, as well as the UINL and the ENRWA. France will support the project as an associated partner.

Marius Stračkaitis is the new President of the CNUE

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At the handover ceremony held in Vilnius on Thursday 11 January, Lithuanian notary Marius Stračkaitis became the new president of the Council of the Notariats of the European Union (CNUE) for 2024. He takes over from German notary Dr. Peter Stelmaszczyk and now represents the 22 notariats of the European Union and 50 000 notaries in Europe.

With the participation of high-level figures, such as the Minister of Justice of the Republic of Lithuania, Ewelina Dobrowolska, the Chair of the Legal Affairs Committee of the Lithuanian Parliament, Irena Haase, and the President of the Union Internationale du Notariat (UINL), Lionel Galliez, President Marius Stračkaitis outlined the priorities of his work programme for the coming months, in the context of the European elections to be held in June.

During his term of office, President Stračkaitis intends to structure his actions around the following three areas:

• Strengthening of the notarial function in Europe. Notaries contribute to the provision of non-contentious justice, which helps to avoid costly disputes. For this reason, the Lithuanian Presidency of the CNUE intends to focus on sharing experience between notariats and will promote the use of preventive justice procedures in the adoption of future EU legislation.
  
• Digitalisation of notaries’ activities. Important files are being adopted by the European institutions and will have an impact on the activities of notaries: creation of a European Digital Identity Wallet, Artificial Intelligence Act, extension and improvement of the use of digital tools and processes in company law, etc. In this context, the CNUE is positioning itself as a promoter of the principle of legal certainty by default. It considers it essential that the development of digital solutions in a cross-border context does not undermine legal certainty and works with the European institutions in this direction.
• Support to Ukraine and the Ukrainian notariat. Throughout 2022 and 2023, the CNUE has been committed with Ukrainian citizens and notaries. This institutional, material and legal support will continue and intensify in 2024, focusing not only on the ongoing reform and digitalisation of the notarial system, but also on the extension of assistance provided to notaries and their families affected by the war. A conference will be organised in Vilnius on 13 September 2024 and will serve as a platform for discussions on future cooperation between the CNUE, the Ukrainian notariat and the Ukrainian and European institutions.

More information regarding the presidency of the CNUE is available here.

Copyright photos Martynas Ambrazas

News CNUE, 9 January 2024

Council of Europe – Publication of the specific study on notaries

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CNUE General Assembly – Brussels, 8 December 2023

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On 8 December, the CNUE held its General Assembly in Brussels. In his review of his 2023 presidency, the CNUE President Dr. Peter Stelmaszczyk presented a first assessment of the results of the past year and emphasized, in particular, the conferences on Company Law & Digitalization and on the protection of adults in the European Parliament. He also highlighted the CNUE’s work on his political priorities: digitalization and company law, fight against money laundering and terrorist financing and support of the Ukrainian notariat.

On the agenda of the General Assembly was also one of the strong institutional moments of the CNUE: The election of the President, the Vice-President and the Board of Directors for the year 2024. The President of the Lithuanian notariat, Marius Stračkaitis, was unanimously elected as the new CNUE-President, as was the President of the Luxembourgish Chamber of Notaries, Martine Schaeffer, elected as the new Vice-President.

In his inaugural speech, Marius Stračkaitis outlined the priorities of the European notariat for the coming year, particularly in view of the European elections in 2024: (1) Strengthening the Notarial Profession, (2) Digitalisation of Notarial Services, (3) Supporting the Ukraine.

Finally, the General Assembly also unanimously decided to grant observer status to the notariats of Albania and Moldova, and to sign a partnership agreement with the notariat of Georgia.

CNUE 30^th anniversary celebrations – Brussels, 7 December 2023

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On 7 December 2023 in Brussels, the CNUE celebrated its 30th anniversary with a gala evening, including a formal session to which high-level speakers were invited.

In his opening speech, the CNUE President, Dr. Peter Stelmaszczyk, emphasized the fruitful and close relationship between the European notariat and the European institutions and thanked President of the European Parliament, Roberta Metsola, and European Commissioner for Justice, Didier Reynders, who sent their birthday wishes for the CNUE.

Vice-President of the European Parliament, Pina Picierno, and President of the International Union of Notaries (Union Internationale du Notariat (UINL), Lionel Galliez, expressed their congratulations in a greeting.

In a first fireside chat, Director General for Justice and Consumers Ana Gallego Torres addressed the European Commission’s key legislative packages in the context of digitalisation, company law and the protection of adults. In a second fireside chat, Member of the European Parliament Michael Gahler, who is the European Parliament’s Rapporteur on the Ukraine Facility, and President of the German Federal Chamber of Notaries (Bundesnotarkammer) Jens Bormann discussed the Ukraine’s accession to the EU as well as its post-war reconstruction.

More information on the history of the CNUE : https://www.notariesofeurope.eu/en/cnue-30-years/

Conference “Strengthening the Protection of Adults in the EU” – European Parliament, 25 October 2023

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On 25 October 2023, on the occasion of the European Day of Justice, the Council of the Notariats of the European Union (CNUE), together with MEP Stelios KYMPOUROPOULOS, organised a conference at the European Parliament on the topic of “Strengthening the protection of adults in the EU”.

Following the publication of a legislative package by the European Commission last May, the event was an opportunity to bring together representatives of the European institutions and practitioners to discuss the improvements achieved in recent years and the challenges that still lie ahead.

This package contains a proposal for a Council Decision authorising 14 Member States that are not currently contracting parties to the Hague Convention of 13 January 2000 on the Protection of Adults to become so, as well as a proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of measures and cooperation in respect of the protection of adults, which seeks to simplify and improve cooperation within the EU.

The proposal for a Regulation aims to facilitate both the determination of the competent courts in the Member States and the applicable law, as well as the recognition and enforcement of protective measures taken in another Member State. The initiative is a step towards greater digitalisation of procedures, in particular through the creation of national registers and their interconnection, which the CNUE has been advocating for many years. Finally, the introduction of a European certificate will make it easier for representatives to demonstrate their powers and assert their rights in another EU Member State.

In his opening speech, MEP Stelios KYMPOUROPOULOS pointed out that “oftentimes, differing rules and procedures create barriers for vulnerable adults and their families to have their rights and protective measures recognised in cross-border situations” and stated that “the Commission’s proposals represent a significant step towards resolving these challenges”.

The President of the CNUE, Peter STELMASZCZYK, echoed the MEP’s comments, stating that “the CNUE warmly welcomes the European Commission’s initiative and the objectives and values expressed therein”. He went on to say that “the fact that the European legislator is aware of the increasing need for a harmonised legal framework and is reacting accordingly is an important step towards a more inclusive European society“. Finally, he drew attention to the efforts undertaken by the CNUE, in particular with regard to the training of notaries and the setting up of the “Vulnerable in Europe” website (www.the-vulnerable.eu), and his wish to see contacts with organisations active in this field developed.

Ms Eftychia Karastathi, a Greek notary and a member of the CNUE Board of Directors, added that the proposal for a Regulation represented a considerable step forward in respecting the right to autonomy enshrined in the United Nations Convention on the Rights of Persons with Disabilities. In this respect, she highlighted the role of notaries in providing institutional support to ensure that people with disabilities receive all the information and recommendations they need to exercise their rights on an equal footing.

The European Commissioner for Justice, Didier REYNDERS, also intervened via a video message. He stressed that notaries were key actors in ensuring this right to autonomy, and then thanked the CNUE for its engagement regarding the published initiative.

Following the opening speeches, a panel discussion was held with the participation of :

• Marie VAUTRAVERS, Secretary of the European Judicial Network in civil and commercial matters
• Ruth ÁLVAREZ VINAGRE, Adviser to the Ministry of Justice at the Permanent Representation of Spain to the European Institutions
• Marine ULDRY, Human Rights Policy Coordinator, European Disability Forum

Almudena CASTRO-GIRONA, President of the Human Rights Commission of the International Union of Notaries (UINL), moderated the discussions and presented the conclusions of the conference. In her view, “the step taken by the European Union is understandable insofar as the issue of the protection of adults in cross-border situations directly concerns the very heart of the free movement of persons”. However, “the challenge of this proposal is to coordinate or merge the EU text and the Hague Convention under the aegis of the New York Convention, which is far from simple”. In this respect, she reiterated the willingness of the notariat to work together with the European institutions.

Conference “Strengthening the Protection of Adults in the EU” – Brussels, 25 October 2023

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On 25 October 2023, the Council of the Notariats of the European Union (CNUE) is co-organising with MEP Stelios Kympouropoulos a conference at the European Parliament on “Strengthening the Protection of Adults in the EU“.

This conference is being held in the light of the European Commission’s publication on 31 May of a legislative package on the protection of adults, which aims to strengthen their protection in a cross-border context. The event will provide an opportunity to bring together practitioners and discuss the improvements made in recent years as well as the challenges that lay ahead. A panel discussion will assess both the Commission’s legislative package and the protection of adults in a wider context.

The conference will take place in-person and via stream from 9am to 11am and will be followed by a buffet lunch. The preliminary programme is as follows:

• Opening session
  Didier REYNDERS, European Commissioner for Justice ( by video)
  Stelios KYMPOUROPOULOS, Member of the European Parliament
  Peter STELMASZCZYK, President of the CNUE
  Eftychia KARASTATHI, Member of the CNUE Board of Directors

• Discussion panel
  Marie VAUTRAVERS, Secretary of the European Judicial Network in civil and commercial matters
  Ruth ÁLVAREZ VINAGRE, Counsellor of the Ministry of Justice at the Permanent Representation of Spain to the European Institutions
  Marine ULDRY, Human Rights Policy Coordinator, European Disability Forum
  Moderator: Almudena CASTRO-GIRONA, President of the Human Rights Working Group of the International Union of Notaries (UINL)

Closing speech: Almudena CASTRO-GIRONA, President of the Human Rights Working Group of the International Union of Notaries (UINL)

Interpretation will be provided in English, French and Greek.

The registration form is available online.
For those wishing to attend in person, please note that registration will close on 18 October 2023.

Conference “Digitalisation and Company Law”, 21 September 2023

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On 21 September, the Council of the Notariats of the European Union (CNUE) organised a conference in Brussels on “Digitalisation and Company Law”. In the context of the European Commission’s recent proposal for a Directive on upgrading digital company law, experts from the fields of politics, business and law discussed the challenges and opportunities presented by digitalisation in the field of justice.

The event brought together more than 200 participants, in person and via streaming, as well as high-level speakers. For the first panel devoted to the proposed Directive, Maria-Manuel Leitão-Marques, Member of the European Parliament and shadow rapporteur for the new Directive, and Ralf Sauer, Deputy Head of the Company Law Unit at the European Commission, took part in the discussions. In the second panel, MEP Andreas Schwab, rapporteur of the digital Market Act, Simona Constantin, Deputy Head of Cabinet of European Commission Vice-President Věra Jourová, and Jens Bormann, President of the German Federal Chamber of Notaries, discussed with expert from practice which challenges and opportunities digitalization in the field of justice brings.

Through its President Peter Stelmaszczyk, the CNUE reaffirmed its support for the European Commission’s proposal for a Directive, which aims, in particular, to:

– achieving more digitalisation and fewer unnecessary formalities;

– improving business registers and simplifying cross-border procedures;

– ensuring legal certainty and reliability and preventing illegal activities.

Peter Stelmaszczyk welcomed the European Commission’s initiative to facilitate companies’ activities on the internal market and underlined, that this proposal must make sure that the current high standards of registers shall not be undermined. Public authorities (courts, administrative authorities and/or notaries) will do their best to support this cause.

The new proposal for a Directive is part of a wider context of actions recently initiated by the European Commission with a view to digitalising the EU economy. The advantages of current initiatives, such as the Digital Market Act, the revision of the e-IDAS Regulation, the Regulation on cross-border judicial cooperation of the new AI Act where the topic of the second panel, which engaged into a vivid discussion.

For more information on the conference: www.notariesofeurope-conference.eu

The video recording of the conference will be available in the next few days.

30th anniversary of the Latvian Chamber of Notaries – Riga, 8 September 2023

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On 8 September 2023, the Latvijas Zvērinātu notāru padomes (the Council of Sworn Notaries of Latvia) celebrated its 30th anniversary in Riga with a conference on artificial intelligence themed “Notary 2030”. High-ranking officials such as the Parliamentary Secretary of the Ministry of Justice, Ms. Lauma Paegļkalna, the Chairman of the Council for Justice, Mr. Aigars Strupišs, and the Deputy Head of the Office of the President of the Republic of Latvia, Ms. Dace Pelēkā, welcomed the guests. They emphasized the importance of notaries in a democratic state based on the rule of law and underlined the frontrunner role of the Latvian notariat with regard to digitalization. Additionally, Jānis Skrastiņš, the President of the Council of Sworn Notaries of Latvia, and Dr. Peter Stelmaszczyk, the current President of the Council of Notariats of the European Union (CNUE), addressed the participants.

In his speech, the CNUE President highlighted the trusted relationship between the Latvian and the German notarial chambers. This year’s German CNUE Presidency closely cooperates with the Latvian notariat, which had the right of nomination for the Presidency. He also addressed the effects of digitalisation, both in terms of statutory development and day-to-day notarial work. He advocated to actively shape the debate so that opportunities can be realized and risks countered. Ultimately, however, legal certainty and trust must always be ensured – these are indispensable elements of the notarial work.

Following the speeches, experts provided their insights, first with Ms. Lauri Donahue, technology and entertainment attorney and co-founder of the Harvard Journal of Law and Technology on “Artificial Intelligence and the Future of Law”, then notary Prof. Dr. Axel Adrian on “Artificial Intelligence in Notary Work in Germany”, who presented a research project on the use of artificial Intelligence in the preventive administration of justice, and last, the Italian notary Ugo Bechini on “Artificial Intelligence in Notary Work”. The conference was concluded with a pop-up hackathon.

Conference “Digitalisation and Company Law” – Brussels, 21 September 2023

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On 21 September 2023, the Council of the Notariats of the European Union (CNUE) is organising a conference in Brussels on the theme “Digitalisation and Company Law”.

Against the backdrop of the recent Commission’s proposal for a directive on improving digital company law, experts from the world of politics, business and legal practice will discuss the challenges and opportunities brought by digitalisation in the field of justice.

Registration is now open on the conference website, where you will also find all the information you need: www.notariesofeurope-conference.eu

It will be possible to take part in person or via streaming.

Interpretation will be available in French and English.

The ENRWA website gets a makeover

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The European Network of Registers of Wills Association (ENRWA) has redesigned its website to improve access to the association’s news: www.arert.eu. This space provides exhaustive information on the association’s mission and its development since its creation in 2005. A tab is dedicated to collaboration with European institutions and projects funded by the Directorate-General for Justice of the European Commission. The website also provides data on cross-border successions in the form of practical factsheets for use by notaries, legal professionals, and European citizens. These factsheets have been translated into 20 languages.

The ENRWA is an international association under Belgian law founded in 2005. It enables a secure interconnection of registers of wills and ECS to simplify the search for testamentary dispositions of a deceased person in 13 European countries.

In compliance with the Basle Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the States having a register of testamentary dispositions which are members of the ENRWA may interconnect these registers, thus enabling any European citizen to discover the testamentary dispositions left by a deceased person regardless of the country where this disposition was registered. Since 2015, the ENRWA has also enabled authorities issuing European Certificate of Succession (ECS), introduced by the European Regulation on cross-border successions, to search for the issuance of an ECSs in another Member State bound by the Regulation (i.e. all EU Member States except Ireland and Denmark). As for wills, the registration of ECSs is carried out within national registers. The ENRWA interconnects the national registers of wills and ECSs in order to make it possible to search for those issued in another State, in compliance with the conditions imposed by that State. This search facilitates the handling of cross-border succession cases.

For more information, please contact the ENRWA at ca@arert.eu

CNUE General Assembly – Riga, 30 June 2023

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The plenary General Assembly of the Council of the Notariats of the European Union (CNUE) was held under the presidency of Peter Stelmaszczyk in Riga on 30 June 2023. More than 80 participants from the CNUE’s 22 member notariats met in the Latvian capital to discuss current professional policy issues and European legislative dossiers of interest for the notariat

The plenary assembly began with an official ceremony at which high-ranking guests delivered speeches: President of the Latvian Constitutional Court Aldis Laviņš, Latvian Minister of Justice Inese Lībiņa-Egnere, Vice-President of the European Parliament Katarina Barley ( by video message) and Director of the European Commission’s Directorate-General for Justice and Consumers Richard Sonnenschein (remotely) as well as President of the Latvian Chamber of Notaries Jānis Skrastiņš and President of the Bundesnotarkammer Jens Bormann.

Support provided to Ukraine, digitalisation of justice systems and training of legal practitioners were at the very heart of the discussions. Benefits of the preventive administration of justice by notaries was also a central theme. President Jens Bormann emphasized in this context that the position of notaries as public officers was a particularly decisive factor for legal certainty and the smooth running of the preventive administration of justice.

In his opening speech, the President of the CNUE, Peter Stelmaszczyk, gave a mid-term review of his presidency and an overview of the coming six months. Many items are on the agenda and, with a view to next year’s European elections, the European institutions are stepping up their efforts to advance the work. Participants at the General Assembly were able to take stock of the ongoing negotiations on the anti-money laundering package, the revision of the e-IDAS Regulation and the recent proposal for a Directive on the digitalisation of company law. An update was also given on initial discussions with the European Commission on the proposed Regulation on the protection of vulnerable adults.

President Stelmaszczyk also informed the notariats of the efforts undertaken with regard to the notariats of European countries that are not members of the EU. In coordination with the International Union of Notaries (UINL), whose President Lionel Galliez also spoke at the Assembly, a proposal for a partnership with the Georgian notariat is currently being finalised. Finally, the notariats of Albania and Moldova have officially applied to become observer members of the CNUE. These applications should be approved by the end of the year, at the next CNUE General Assembly.

Copyright photos Jana Leite

European meeting of mediator notaries

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On 12 June 2023, the CNUE Mediation working group, chaired by the Belgian notary Danielle Duhen, met in Paris on the premises of the Conseil supérieur du notariat. The meeting provided an opportunity for fruitful discussions on mediation. The foreign guests from the German, Austrian, Belgian, Greek, Italian, Polish and Dutch notariats were able to gain a better understanding of the way mediation is practised by notaries in France.

Discussions focused on recent developments, with the National Mediation Council (CNM) being set up in France on the same day by the Minister of Justice, Éric Dupond-Moretti. The role of this consultative administrative body will be to issue opinions, proposals and recommendations on all areas of mediation.

The afternoon was devoted to an exchange of views on communication about mediation in the notariats of the European Union. The exchange of best practices has the same objective: to make notarial mediation better known to the public, especially in a cross-border context.

Photos – Copyright Jean-Marc Gourdon

ENN Seminar “Practical Experience with the European Certificate of Succession” – Vienna, 2 June 2023

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The European Notarial Network (ENN) met in Vienna at the beginning of June. The event included a high-level specialist seminar on the practicability of the European Certificate of Succession (ECS). The seminar was live-streamed in two languages, enabling a large number of professionals from all over Europe, as well as the European Commission, to follow the event.

Under the scientific supervision of Professor Gregor Christandl (University of Graz) and the Austrian notary Alice Perscha, high-level experts were invited to speak on issues such as parallel proceedings, access to land registers and the creation and interconnection of ECS registers.

Watch the conference videos

The day before the conference, the first annual meeting of the ENN national interlocutors was held. The President of the ÖNK, Michael Umfahrer, welcomed the contact persons from the 22 participating EU Member States, as well as representatives from Serbia and Ukraine, whose notariats are observer members of the CNUE. The Ukrainian representative described the current situation of the notariat in her country, in particular the need for electronic archiving, since many archives have been damaged by the war.

The network relies on personal contacts to ensure that individual requests for support in handling cross-border cases within the notarial profession are dealt with as efficiently and effectively as possible. At a ceremony in Brussels in March this year, the CNUE looked back on more than 15 years of success for the ENN and also presented, in cooperation with the European Commission, prospects for its future development. On the one hand, the ENN is set to become the one-stop shop for European notaries in matters of mutual legal assistance. To this end, the online platform www.enn-rne.eu will be developed. Secondly, cooperation between the ENN and the EJN (European Judicial Network in civil and commercial matters) could be enhanced.

On this point, discussions were held on the basis of an initiative by the Austrian notariat, and a number of concrete ideas were put forward: making information sheets available on the European Commission’s e-justice portal, exchanging experience in handling cross-border cases online, etc. These ideas will be developed with a view to their adoption at the next meeting, to be held in Valencia in October.

Photos – Copyright Wolfgang Voglhuber – VOGUS

Free Training Seminar – Practical Experience with the European Certificate of Succession

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On 2 June (9:30- 14:30), the Austrian Chamber of Civil law Notaries is organising a training seminar on the European Certificate of Succession (ECS) within the framework of the European Notarial Network, The event will be an excellent opportunity to take stock of the experience gained with the EU-wide use of the ECS and to develop the professional exchange on this important topic with notaries from all over Europe.

Interpretation will be provided in German and English. Registration closes on 23 May.

Programme

Registration

Launch of the CNUE e-learning platform

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On 26 April 2023, the CNUE took part in the online conference organised by the European Commission on “Judicial training: the right skills to embrace the digitalisation of justice”. On this occasion, the CNUE announced the official launch of its e-learning platform for notaries. Accessible via the website of the European Notarial Network, the platform offers a set of educational resources tailored to the needs of notaries. For the time being, it includes webinars and interactive learning modules in three priority areas of EU law: 1) family law; 2) company law and 3) data protection law.

For Mr. Marc Wilmus, Chair of the CNUE’s Training Steering Committee, such a tool will make it possible to propose new training methodologies and to better meet the expectations of notaries with regard to their daily work. It will also enable a wider audience to be reached, which will therefore contribute directly to the achievement of the objectives set by the Commission, which is to offer training in EU law or the law of another Member State to 30% of European notaries by 2024.

The President of the CNUE, Peter Stelmaszczyk, underlined that this e-learning platform is the perfect example of how to respond to the increasing digitalisation of notaries’ activities.

“If we want to keep up the high quality of our work, all notaries must be equipped with the right skills to provide their public services in a digital world”.

In this context, Peter Stelmaszczyk outlined the future areas in which the CNUE should focus its training efforts: the use by notaries of e-CODEX, the European tool for establishing an interoperable, secure and decentralised communication network between national IT systems in the context of cross-border civil and criminal proceedings, the use of digital tools in the field of company law, and raising awareness of the future single EU rulebook on the fight against money laundering.

On this last point, the CNUE intends to devote a large part of its efforts to a new training programme that will start in 2024. In this respect, Juan Kutz Azqueta, Chair of the CNUE Anti-Money Laundering Working Group, presented the CNUE priority areas for action to the conference participants.

For any questions regarding the platform, please contact Andrea Grisilla, CNUE Project Manager via a.grisilla@cnue.be

Meeting with the European Commission to discuss support for Ukraine

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On 25 April 2023, the CNUE President Peter Stelmaszczyk met with Jaana Temmler, acting Head of Unit for Fundamental Values, Rule of Law, Anti-Fraud and Financial Management at the European Commission’s DG NEAR, to discuss possible areas of cooperation in support of the preventive administration of justice in Ukraine and the Ukrainian notariat. DG NEAR has created a directorate that coordinates all Ukrainian files. After Ukraine was granted EU candidate status, the directorate was mandated to monitor the country’s accession process, which includes verifying the steps towards the implementation of the rule of law in Ukraine.

At the meeting, Peter Stelmaszczyk gave an overview of the many activities carried out by the CNUE in support of Ukraine and the Ukrainian notaries. The Ukrainian notariat has become a CNUE observer member already on 1 March 2022. In addition, much material and immaterial support has been provided to enable Ukrainian notaries to continue their work despite the war.

Within the framework of the European Notarial Network (ENN), the CNUE has developed and published a practical handbook on Ukrainian law for notaries, as well as a series of information sheets on Ukraine for the general public. In addition, the CNUE has published an electronic multilingual form to safeguard the interests of unaccompanied Ukrainian minors who find refuge in EU countries. Finally, the Notaries of Europe also play a leading role in the implementation of sanctions against Russia.

It is one of the CNUE’s top priorities to support the preventive administration of justice in times of war and the reconstruction of Ukraine after the war. A Marshall Plan would be welcome, in which the CNUE and its members could contribute its expertise for implementing essential initiatives for helping Ukraine. According to the Notaries of Europe, this could include funds for the reconstruction of offices and the provision of equipment. It would also be important to help develop and launch many IT projects for notarial services that are particularly important in times of war: safe and reliable electronic archives as well as online authentication systems. Jaana Temmler took note of the proposals and support actions presented and considered that a fruitful cooperation could be established.

Settlement of international successions: the Notaries of Europe’s recommendations

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On Thursday 23 March, the Council of the Notariats of the European Union (CNUE) published the results of the “MAPE Succession” project, the aim of which was to evaluate the application of Regulation (EU) No 650/2012 on international successions by notaries. During this two-year project, more than 2,100 notaries contributed and shared their experiences on a wide range of topics covered by the Regulation: rules of jurisdiction, choice of applicable law, acceptance of authentic instruments, European Certificate of Succession, etc. All these data were analysed and discussed by a team of academics and notaries, who presented their recommendations and an executive report at a conference held on the same day in Brussels and via streaming.

The President of the CNUE, Dr. Peter Stelmaszczyk, opened the conference and stressed the unprecedented nature of the “MAPE Succession” project: “ The MAPE project is a pioneering project that can serve as a basis in the future for the assessment of other European legislative instruments. These recommendations will be sent to the European institutions with the aim of further improving practice on the ground for the benefit of EU citizens”. He also thanked the academic team made up of Patrick Wautelet, Professor at the University of Liège, Pierre Callé, Professor at the University of Paris-Saclay and Brigitta Lurger of the University of Graz, and the partners of this project co-funded by the European Union: the European Network of Registers of Wills Association (ENRWA), represented by its president Octavian Rogojanu, as well as the German, Hungarian, Lithuanian and Maltese notariats.

Marianne Sevindik, Chair of the CNUE Working Group on Succession Law and coordinator of the MAPE Succession project, also intervened: “ The study confirms that the Succession Regulation was very well received by notaries, although it introduced important changes in their practice. Notaries see it as a useful tool for anticipating and settling cross-border successions. As with any EU legislative instrument, there is still room for improvement, and the study’s recommendations already suggest some useful changes. The study also proposed some suggestions for improving the application of the Regulation even without amending it. In any event, irrespective of the Commission’s conclusion on the possible need for a revision of the Succession Regulation in the coming years, the CNUE wishes to participate in future discussions and work”.

Andreas Stein, Head of Unit for Civil Justice of the European Commission, congratulated the CNUE on the work done and the amount of notaries who provided feedback, which are a particularly valuable database. He said that the results of the study would be analysed with interest in view of the evaluation to be carried out by the Commission for a possible revision of the Regulation. The Honorary President of the CNUE, Paolo Pasqualis, underlined the fundamental importance of offering training on the Regulation to European notaries with a view to better application of its mechanisms.

Photos of the conference

Videos of the conference

Monitoring and evaluation of the application of Regulation (EU) No 650/2012 on successions

The Succession Regulation (EU No 650/2012) has been in force in 25 Member States of the European Union since 17 August 2015. Article 82 of the Regulation requires the European Commission to present, by 18 August 2025, a report on the application of the Regulation, accompanied, where appropriate, by proposals for amendments.

The experience of notaries in cross-border successions in general and with the Regulation in particular provides valuable insights into the actual application of the Regulation. Indeed, notaries use the Regulation in all Member States to help clients preparing their future succession. The Regulation is an important reference for those who wish to make a will or transfer part of their assets to their children while preserving the situation of a spouse. Notaries also use the Regulation when dealing with the estate of a deceased person and divide the deceased’s assets among the various heirs and legatees.

The aim of the MAPE Succession project was to take stock of the experience gained by notaries in 22 Member States over the past 7 years. This assessment also aimed at identifying possible solutions or proposals to improve the legal framework by making recommendations. In addition to contributing to the future assessment of the Succession Regulation, the MAPE project also aimed at creating a methodology that could be reused for the assessment of other EU instruments.

Meeting with the Commissioner for Justice, Didier Reynders

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Among the points of cooperation to be considered, Peter Stelmaszczyk suggested the establishment of a close cooperation with the Commission in order to set up a training programme for European notaries and other public stakeholders on the new anti-money laundering single rulebook, which will be applicable in the near future and that the Notaries of Europe strongly support. Commissioner Reynders listened with great attention to such proposals.

Finally, the Ukrainian crisis was also discussed. The CNUE President explained the important role of notaries as public authorities in the implementation of the sanctions. He stressed the readiness of the European notariat to become more involved in the Commission’s “Freeze & Seize” Task Force, in order to support the sanctions enforcement, address the practical concerns of legal practitioners and to deal with the new reporting obligations. Peter Stelmaszczyk also highlighted the current situation of Ukrainian notaries and the importance of the preventive administration of justice in Ukraine. Ensuring legal certainty and guaranteeing the rule of law will be key for the reconstruction of Ukraine. The idea of using funding from a possible Marshall Plan to support the Ukrainian notariat was presented and CNUE expressed its readiness to get involved in this project with the – potential – support of the European Commission. Commissioner Reynders was attentive to the concerns of the notariat and indicated that, as a first step, the Commission is trying to assess the damage caused by the war and will then start a consultation process with Ukraine to find out its wishes and funding needs. The Notaries of Europe expressed their willingness to closely cooperate with the Commission’s initiative and, in particular, contribute their expertise in protecting property rights and reliable business registers: key factors in any reconstruction initiative.

15^th anniversary of the European Notarial Network – Brussels, 9 March 2023

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On 9 March 2023, CNUE member notariats and the interlocutors of the European Notarial Network (ENN – www.enn-rne.eu) met in Brussels to celebrate the 15th anniversary of the ENN. A conference was planned to take stock of the progress made over the years, to assess the common achievements and, above all, to consider the challenges ahead. Two panel discussions were organised: one dedicated to the CNUE working groups on the topic of “Digitalisation in EU legislation in civil and commercial matters”, the other specifically on the ENN with the participation of national interlocutors and Ms Marie Vautravers, Secretary of the European Judicial Network in civil and commercial matters.

Dr. Peter Stelmaszczyk, President of the CNUE, and Mr. Giovanni Liotta, ENN Coordinator, started the conference. They outlined the history of the ENN and stressed the importance of the European Commission’s continued support. The ENN now has a modern online platform accessible to all notaries in Europe. More than 2,200 notaries from 22 countries use the ENN on a daily basis and benefit from the many practical tools at their disposal: practical guides on the European regulations on international successions, the circulation of public documents, matrimonial property regimes and registered partnerships. Not to mention the numerous legal databases, multilingual forms and the videoconferencing system.

Access to information on Member States’ legislation has also always been one of the ENN’s priorities. With this in mind, the ENN was directly involved in the creation of the public information websites “Successions Europe”, “Couples in Europe”, “The Vulnerable in Europe” and “Authentic instruments in Europe”. These websites have been very successful, attracting several million visits, as Mr Giovanni Liotta pointed out.

But the strength of the ENN is also its ability to react and adapt, stressed Dr. Peter Stelmaszczyk. The year 2022 and the war in Ukraine demonstrated this. Over the past year, the ENN has created an entire section dedicated to practical and useful legal information and tools to answer questions about Ukrainian law and Ukrainian refugees in Europe. This section includes, among others, an FAQ section on Ukrainian matrimonial law, the provision of information on EU sanctions against Russia, a multilingual form for parents to express their wishes regarding the travel of their child leaving Ukraine and the exercise of parental responsibility. Finally, the creation of a practical handbook containing the most useful information on Ukrainian law was another tangible result.

In 2023, Ukraine will still be at the very heart of the work of the CNUE and the ENN according to Dr. Peter Stelmaszczyk: “The Ukrainian crisis is one of the main political priorities of my 2023 Presidency. We have seen that there is great political will within the EU institutions, our national governments and international organisations to do what is right for Ukraine. We now need to work with policy makers on a Marshall Plan for Ukrainian notaries.”

Finally, Mr. Dirk Staudenmayer, Acting Director for Civil and Commercial Justice of the European Commission, closed the conference. He thanked the CNUE for the support given to Ukrainian citizens and notaries, as well as for the preparatory work in view of the publication on 29 March of a legislative proposal on digital company law and, at the end of May, on the protection of vulnerable adults.

Pictures of the conference (© CNUE)

Commemorative brochure on the 15^th anniversary of the ENN

Conference on the application of Regulation (EU) No 650/2012 – Brussels, 23 March 2023

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On 23 March afternoon, the Council of the Notariats of the European Union (CNUE) will hold the closing conference of the “MAPE Successions” project. This project was co-financed by the European Union and aimed to assess the application of Regulation (EU) No 650/2012 on international successions by notaries.

During the two-year long project, more than 2,100 notaries contributed and shared their experiences on a wide range of topics covered by the Regulation. All these data were analysed and discussed by a team of academics and notaries, who will present their conclusions and recommendations at the conference on 23 March in Brussels.

The event will be organised in a hybrid format (in person and via streaming) and interpretation will be provided in French and English.

Programme

Registration 

MAPE Successions – Recommendations

MAPE Successions – Executive Summary

CNUE Annual Report 2022

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The CNUE has just published its annual report for the year 2022. You will find all the highlights of the past year for the European notariat:

•                 The Ukrainian crisis
•                 Digitalisation of justice
•                 The fight against money laundering
•                 Company law
•                 Family law
•                 Succession law
•                 Training of notaries in Europe

The annual report is available in English and French.

Dr. Peter Stelmaszczyk is the new President of the CNUE

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On the occasion of the handover ceremony in Berlin on 20 January 2023, the German notary Dr. Peter Stelmaszczyk became the new President of the Council of the Notariats of the European Union (CNUE) for 2023. He succeeds the Italian notary Giampaolo Marcoz and now represents the 22 notariats of the European Union (EU) and the 45,000 notaries of Europe.

Professor Dr. Jens Bormann, President of the Bundesnotarkammer, opened the ceremony which was attended by numerous political figures. In his speech, Dr. Marco Buschmann, the German Federal Minister of Justice, stressed the important role played by notaries in the preventive administration of justice. His Latvian colleague, Dr. Inese Lībiņa-Egnere, described her own experiences with the notariat and its high level of digitalisation.

Lionel Galliez, the newly elected president of the International Union of Notaries (UINL), advocated for a strong cooperation of all notariats at European and international level. Giampaolo Marcoz summarised the achievements of the past year and handed over the presidency to Dr. Peter Stelmaszczyk, who promised to continue the fruitful work within the CNUE.

Dr. Peter Stelmaszczyk presented his programme for the coming year. Close cooperation with the European institutions will be at the heart of his agenda. The EU anti-money laundering package, the Commission’s proposal on the digitalisation of company law and the protection of vulnerable adults will be key topics. In addition, Dr. Peter Stelmaszczyk promised further support to the Ukrainian notariat, whose President Volodymir Marchenko came to Berlin especially for this occasion.

Read the press release of the CNUE

Speech by the German Minister of Justice, Dr. Marco Buschmann (in German)

More information on the Presidency of the CNUE

Photos @BNotK

“Couples in Europe” website gets a makeover

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In 2022, as part of the European Notarial Network’s work programme, the “Couples in Europe” website underwent a graphic redesign. The site provides the general public with information sheets on the law of 22 European Union Member States and, for the first time, Ukraine.

What are the consequences of a divorce or separation with regard to the matrimonial regime? Which law applies to a couple’s property? What does the law provide for the property of registered or unregistered partners? What are the consequences of death with regard to the matrimonial property regime? The website www.coupleseurope.eu provides answers to all these questions. Available in 19 languages, the content is regularly updated to reflect European and national legislative developments.