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

–

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

–

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

–

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

–

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

–

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

–

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

–

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.

CNUE General Assembly – 8-9 December, Brussels

–

The Council of the Notariats of the European Union held its last general assembly of the year on 8 and 9 December in Brussels. It was an opportunity for the Italian Presidency of the CNUE to present a first assessment of the results of the past year and also for all the participants from the 22 European notariats to elect a new President for the year 2023.

The General Assembly began on the evening of 8 December with a presentation of the projects devised by the teams of the 1st edition of the Notaries of Europe Hackathon held in Rome on 21 and 22 November 2022. The ideas were numerous and inspiring: a secure online tool for exchanges with clients, exchange of information to fight against money laundering, an application to verify the identity of a foreign notary, etc.

Following these presentations, the projects carried out by the CNUE in partnership with the European Commission were highlighted: the development of the European Notarial Network, the programme of training seminars for European notaries and the creation of a practical handbook on Ukrainian law for notaries. In this context, the launch of an online training platform and the redesign of the “Couples in Europe” website were announced.

The following day, the participants met for 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 2023. The German notary Peter Stelmaszczyk was unanimously elected as President. The President of the Lithuanian Chamber of Notaries, Marius Stračkaitis, was also unanimously elected as Vice-President.

In his inaugural speech, Peter Stelmaszczyk outlined the priorities of the notariat for the coming year, particularly in view of the European elections in 2024: the anti-money laundering legislative package, the digitalisation of the profession with the prospect of a new European initiative in the field of company law, the protection of the vulnerable and here again a legislative proposal is expected next year, and finally the support for Ukraine and its reconstruction.

Election of Mr. Lionel Galliez as President of the International Union of Notaries

–

Mr Lionel Galliez, a notary in Paris, was elected President of the International Union of Notaries (UINL) at the General Assembly of the organisation held in Cancun, Mexico. Lionel Galliez will officially take office on 1 January 2023 for a three-year term. During his term of office, he aims to:

• defend the specificity of the notarial model and the diversity of our legal systems;
• extend and deepen the competences of member notariats of the European Union;
• establish a foundation of doctrine to strengthen the Union’s action.

Mr Lionel Galliez, 52, has been a notary since 1999 in Mussidan and then in Paris. From 2016 to 2022, he was Counsellor of the President of the Conseil Supérieur du Notariat for international affairs and, in 2011, Chairman of the Commission of the 107^th Congress of Notaries of France. From 2020 to 2022, he was Vice-President of the UINL for Europe and, since 2014, General Councillor (France) and Chairman of the Working Group on Partnership with International Organisations. Mr Lionel Galliez was the President of the 28^th International Congress of Notariat held in Paris in 2016, and he was also the delegate of the Conseil Supérieur du Notariat to the United Nations and the World Bank between 2010 and 2022. He won the Ducret Prize for the report on the 26^th Congress and he was also a member of the FAO Committee of Experts for the Voluntary Guidelines on the Responsible Governance of Tenure of Land from 2010 to 2012, rapporteur for the French Notariat of the 26^th World Congress of Notaries in Marrakech in 2010 and finally, expert for the European Union to the Ministries of Justice of Lebanon, Vietnam and Tunisia from 2008 to 2010.

About the International Union of Notaries (UINL)
The International Union of Notaries is an international non-governmental organisation, created to promote, coordinate and develop the function and activities of notaries throughout the world. Formed by 19 countries at the time of its establishment in 1949, It now includes 91 members, of which 22 out of the 28 members of the European Union and 14 out of the 19 of the G20. The Union accounts for about two-thirds of the planet’s population.
https://www.uinl.org/

1st edition of the Notaries of Europe Hackathon

–

From 21 to 22 November 2022, in Rome, around 40 participants from the 22 notariats of the European Union worked to create innovative digital solutions in the first edition of the Notaries of Europe Hackathon, organised by the Council of the Notariats of the European Union (CNUE) and Notartel, the IT company of the Italian notariat.

During these two days, eight multidisciplinary and international teams had the objective of creating projects or concrete applications around two crucial themes in the field of justice: electronic identification and interoperability of national systems.

On the first day, the participants had the opportunity to follow the exchanges of the CNUE Futurology Forum, whose objective was to provide background on the two themes of the Hackathon. Under the chairmanship of Mr Tamás Parti and with the participation of the European Commission, two round tables aimed at presenting the practices in place at national level and the evolving legislative framework at European level, with the revision of the e-IDAS Regulation, the proposal for a Regulation on the digitalisation of cross-border judicial cooperation and the e-CODEX Regulation.

Following the forum, the Hackathon teams were able to start thinking about concrete solutions, supervised by teams of specialists. There were many moments of team building, intense work, but also conviviality. Each team was able to put a concrete project on paper, which they will have the opportunity to present at the CNUE General Assembly on 8 and 9 December in Brussels.

Final conference of the project “JuWiLi – Justice Without Litigation” – 9 November 2022, Brussels

–

On 9 November 2022, the CNUE hosted the closing conference of the “Justice Without Litigation – JuWiLi” project, co-financed by the European Commission. The conference presented the conclusions and recommendations of the project in which the CNUE was a partner with the Chambers of Notaries of Austria, Croatia, the Czech Republic, Slovakia and Slovenia, the Universities of Vienna and Graz and the Institute for Economic Research Economia. The Hungarian Notariat also participated in this work as an expert.

The project analysed for Austria, Croatia, the Czech Republic, Hungary and Slovakia the term “court” in the context of the EU Regulation on successions in non-contentious judicial proceedings by notaries from the point of view of comparative law, fundamental rights and the rule of law. The project also included Slovenia where the reflection of policymakers, academics and the Chamber of Notaries on the transfer of judicial tasks to notaries is progressing.

CNUE President Giampaolo Marcoz intervened at the opening of the conference. He welcomed the fact that the JuWiLi project had been mentioned in the latest report on the efficiency of the notarial profession published by the Council of Europe and its European Commission for the Efficiency of Justice.  He also pointed out that this collaboration between the notariats of Central Europe in the context of a project co-financed by the European Union was the first of its kind and called for the experience to be renewed.

The President of the Austrian Notariat, Michael Umfahrer, stressed that the performance of judicial tasks by notaries plays an important role in the field of civil procedural law. In his view, this topic is of great importance, especially nowadays, as it is ultimately about how we can make our justice systems even more efficient, closer to citizens, even more profitable for the State and thus overall prepared for the challenges of the future.

The panels of the conference brought together the project’s scientific experts and representatives of the European institutions such as the European Commission’s Director for Civil and Commercial Justice Salla Saastamoinen and Austrian MEP Lukas Mandl. CNUE Secretary-General Raul Radoi also presented the new online cooperation mechanism set up on the European Notarial Network (ENN) platform. This system of cooperation will facilitate communication between notaries exercising judicial functions in Europe. It will strengthen mutual trust in these procedures and complement mutual assistance tools such as the European Judicial Network in civil and commercial matters.

The presentation of the JuWiLi project, the conclusions and recommendations can be found at the following link: https://www.notar.at/juwili/

The videos of the conference are available online. 

Workshop on Digitalisation of Justice – 24 October 2022, Brussels

–

The CNUE, in the person of its President Giampaolo Marcoz, took part on Monday 24 October in a workshop organised by the Czech Presidency of the EU and devoted to the digitalisation of justice. President Marcoz was invited to speak on a panel entitled “Reflections and possible ways forward – which areas of digitalisation of justice should a potential roadmap prioritise?”.

The debates were intended to hear the voices of different stakeholders and to discuss the outstanding challenges and opportunities at EU level where digitalisation could bring value. It was also an opportunity to suggest ways forward for the definition of a possible roadmap.

In the context of the important legislative proposals currently under discussion at the level of the European institutions, with the revision of the e-IDAS Regulation and the proposal for a Regulation on the digitalisation of justice systems, President Marcoz underlined that the major challenge for the notarial profession is to ensure legal certainty by default, without leaving out certain people, especially the vulnerable. For the CNUE, digitalisation should be a choice for the citizen, not an obligation.

As regards areas that should be further developed, President Marcoz highlighted the need to continue the process of interconnection of registers in Europe, taking as an example the ENRWA and the interconnection of the registers of wills and ECSs.

We support the principle of legal certainty by default. It is essential that the development of digital solutions in a cross-border context does not undermine legal certainty. Legal certainty and trust in the digital world are essential

General Assembly of the CNUE – Como, 24 June 2022

–

The Presidents of the 22 EU notariats met for their Plenary General Assembly in Como on 24 June 2022. On the agenda, of course, the conflict in Ukraine with the exceptional participation of the President of the Ukrainian Chamber of Notaries, Volodymyr Marchenko, whose notariat has been an observer member of the CNUE since 1 March.

President Marchenko solemnly addressed the Presidents of the European notariats. He described the atrocities faced by the Ukrainian people and notaries. Many of them abandoned their offices and joined the army. Other notaries have fled with their children abroad. Only about one third of Ukrainian notaries continue to operate to serve citizens, to draft acts under extremely difficult conditions.

President Marchenko reiterated its call for support to the ‘Save Ukrainian Notaries and their Families’ Foundation, which aims to help notaries both on a humanitarian and structural level. This call was heard by the CNUE and its President Giampaolo Marcoz, who undertook to make a financial contribution to the Foundation’s activities. For more information on the Ukrainian Notariat Foundation: http://help.npu.ua/

The Ukrainian conflict was also addressed through the topic of economic sanctions and the participation of the CNUE in the European Commission’s Freeze and Seize Task Force. In addition, the CNUE Office presented the new form put in place, with the help of the European Notarial Network, to facilitate the reception of Ukrainian minor refugees travelling alone or with only one of their parents. Finally, the Italian notariat presented a draft guide on citizenship, which contains national legal information of interest to Ukrainian refugees.

Through video messages, several European politicians addressed the General Assembly of the CNUE. Ana Gallego Torres, Director-General for Justice and Consumers of the European Commission, thanked the CNUE for its action for the benefit of European citizens, in particular on the form for unaccompanied minors. She indicated that a Commission proposal on the protection of vulnerable adults would be published in 2023, in line with the UN Convention on the Rights of Persons with Disabilities. She also informed that the Commission is working on upgrading digital company law. An initiative is planned to enhance cross-border transparency of company information and access to it. It will also aim to facilitate its use in cross-border administrative and judicial proceedings.

Pina Picierno, Vice-President of the European Parliament, referred to EU sanctions against Russia and the role of the CNUE: “These sanctions have seen your essential contribution, in technical and legal terms, to the economic and military support of the legitimate Ukrainian government. And this would be much less significant if there had not also been practical solidarity and widespread sharing by European citizens towards the country, and this is also your case. Having established a strong link with the Ukrainian notariat is already valuable today, but it will be even more so when it comes to rebuilding a country in full membership of the European Union.”

Charitable Foundation of the Chamber of Notaries of Ukraine

–

The Chamber of Notaries of Ukraine has set up a Charitable Foundation “Saving Notaries and their Families”. The Foundation is intended to provide direct assistance to Ukrainian notaries and their families affected by the dramatic consequences of the ongoing conflict.

Many Ukrainian notaries have died. Many notaries have fled abroad: at the moment, only a quarter to a third of the notaries in Ukraine can carry out their activities. Many notary offices have been completely destroyed by the bombs. In many cases, a lifetime’s work has been destroyed, sources of income have disappeared and livelihoods are in short supply.

The CNUE has therefore appealed to its members to ask each of the 45,000 notaries of Europe to make a donation to this Foundation. Our strength lies in unity, a truth that has been proven time and again.

If you wish to make a donation to the Foundation, you can use the following bank details:

Correspondent bank:
SWIFT CODE: COBADEFF
COMMERZBANK AG,
Frankfurt am Main

Account with Institution:
Acc. 4008865941/01
BIC (SWIFT) CODE: COSBUAUK
Bank name: JOINT STOCK COMPANY STATE SAVINGS BANK OF UKRAINE
Bank address: KIEV, UKRAINE

Beneficiary:
ACC: UA053123560000026009300940388
Name: CHARITY ORGANIZATION “CHARITY FUND “SAVING NOTARIES AND THEIR FAMILIES”
Address: Ukraine, Uzhgorod, Svobodi str, 2 kv 65

More information on the Foundation’s webpage

Anti-money laundering: the importance of the economic method

–

3 questions for Antonio Cappiello. Expert on law & economics at the Consiglio Nazionale del Notariato
by Giampaolo Marcoz, president of the CNUE

During the last EU training seminars on anti-money laundering (e.g. Europe for Notaries, European Notarial Network, LIGHT),  A. Cappiello (economic expert of the Italian notariat) captured the attention for a different type of approach, illustrating the importance of data analysis as a key element of the AML and using the macroeconomic evaluation to highlight the socio-economic contribution of notaries in the dialogue with policymakers.  I asked Cappiello 3 questions in order to summarize, through his answers, some results of his analyses and to highlight how, in recent years, the economic approach has been effectively used by the CNUE and CNN in responding to the needs of international organizations that propose parametric tools as a guideline for the legislator.

M: How to measure the compliance with FATF standards and what does the aggregate analysis on CNUE countries tell us?

C: The recommendations of the Financial Action Task Force (FATF) are global AML standards, shared internationally, and allow various countries to work successfully against the illegal use of their financial systems. We can then use the FATF Assessment Reports (MER) to carry out further analysis and compare the level of compliance with the AML standards of different countries. Considering a sample of around 90 countries (based on the latest available FATF MER assessment reports), we can calculate the level of compliance by country cluster (countries grouped by area). Higher scores represent a better level of cluster compliance (see Fig. 1). In CNUE countries, most of the suspicious transaction reports (STR) of professionals are provided by notaries. Therefore we can use, with some elaborations, the FATF DNFBPs indicators as a proxy of the notarial contribution to AML policies (for example in Italy, according to the latest reports of the FIU, about 90% of the STRs come from notaries). The aggregate analysis of the data shows the best compliance in the field of AML by the CNUE countries.

Fig. 1 Better compliance with FATF standards by CNUE countries

M: Can “EU anti-money laundering notarial training and cooperation” have a multiplier effect?

C: The benefit of notary functions, if transformed into understandable synthetic indicators, can certainly help policymakers in the implementation of socio-economic policies. The “Europe for Notaries” seminars were also an opportunity for an exchange of good practices.. I believe that the seminars of the LIGHT AML Project and of the RNE can also provide the same opportunity. For example, on the occasion of the cycle of seminars of the European Notarial Network, we realized that the Latvian FIU data on STR indicated that a mandatory notary control on real estate contracts could have allowed better monitoring of the AML by the supervisory authorities. The data from the Latvian FIU only needed to be processed and interpreted: the data on notarial STR were an indication of the AML high potential of the Latvian notaries with whom we subsequently produced a study that was successfully used to support their professional policies with national authorities.

M: Why is it important to use the economic analysis?

Legislative choices, especially European legislation, are increasingly based on specific impact assessments and the use of cost-benefit analysis. Since we are convinced that the legal certainty provided by Notaries of Europe is an important value, it is necessary to highlight this important characteristic of the notary profession and provide evidence of it also through the typical tools of the economic analysis. The results that emerge from parametric studies represent important elements for communicating effectively with the legislator and stakeholders. Last November notaries, producing a macroeconomic study on the analysis of World Bank data, were the only professional body to be admitted to the OECD PMR workshop; thus being able to defend the interests of the entire category at an international level (link to the study). This is a different approach that integrates the traditional legal analysis. It requires time to test various methodological tools but it is necessary to adequately respond to international organizations that propose parametric tools as guidelines for policymakers.

In thanking A. Cappiello for his valuable contribution, I take this opportunity to remind that – starting from the results of the study on the OECD PMR indicator – CNUE will produce a more in depth macroeconomic study. In fact, given the growing need to relate to the indicators proposed by the main international organizations and considering the globalization of the professional services, socio-economic analyses that can highlight the efficiency and good economic performance of notary services at European level are of paramount importance.

Conclusions of the 1st UINL International Forum on the Role of Women Notaries in the 21st Century

–

The First International Forum on the Role of Women Notaries in the 21st century, convened by UINL President, Not. Dra. Cristina N. ARMELLA, first woman to be elected President of this international organization, concluded on 8 March 2022 on the occasion of International Women’s Day.

After two working sessions to study the role of women notaries on four major themes related to the notarial function (ethical values, training, human rights, leadership), a closing webinar presented to the more than 300 registered notaries, women and men, from the UINL the good practices revealed by the discussions.

The ethical values of equality, merit and respect were first highlighted by Adriana CUELLAR (Colombia). The validation of legal acts protecting women in the context of legal security requires, in addition to the active participation of (women) notaries, a moral vocation, a sense of empathy and service, all in a protected working environment.

Continuing education is considered to be a crucial point for the involvement of women in the notarial function. The reinforcement of exchange frameworks between colleagues from all over the world and the participation of women in international training courses were favored by Régine DOOH COLLINS (Cameroon). Also, women notaries are encouraged to play a leading role in Universities and in political life.

Legal certainty as a guarantor of freedom is crucial for the respect of human dignity and equality, as Almudena CASTRO-GIRONA (Spain) pointed out. Notaries are the cornerstone of preventive legal security. They receive and advise all citizens without distinction, supporting them institutionally in their decision-making. The training of notaries, the information of people in vulnerable situations and the promotion of new legislation are the three pillars of positive action recommended in favor of the principle of equality, and of human rights in general.

In addition, Prita SUYUDI (Indonesia) highlighted the opportunities to be seized, particularly in the context of the development of new technologies and the widespread dissemination of information, for women notaries to assume leadership functions within their Notariats and their communities, thus enabling other women notaries to empower themselves, while reminding that silent violence due to gender stereotypes still persists.

The men representatives of the Forum (Abdelhamid ACHITE-HENNI, Algeria; Lionel GALLIEZ, France; Hideo TAKASAKI, Japan; Guillermo ESCAMILLA, Mexico) recalled that the inclusive work of women and men notaries is essential to guarantee real and effective equality in the notarial function, on the one hand, and for the citizens it serves, on the other hand. They expressed their wish to make this forum a lasting and even broader event, in collaboration with other international organizations working on the transversal issue of gender equality.

Besides, several international organizations intervened throughout the Forum. FAO (Rumyana TONCHOVSKA) presented the field results obtained following missions on the promotion of land control and ownership by women in the Balkans. The project as a whole was presented during the session of 8 March by Lovro TOMASIC (Germany).
The Hague Conference on Private International Law (HCCH – Nietta KEANE) recalled the essential role of notaries in the protection of adults, especially the elderly, the majority of whom are women.
UNICEF (Anne de MATHAREL) explained their actions in the benefit of girls and the importance of donations and legacies, usually made before a notary, for the realization of their projects.

Judge Paula Maria GARCIA VILLEGAS SANCHEZ CORDERO (Mexico) concluded on the optimistic note of the significant progress already made for self-determination by previous generations of women. She nevertheless deplored the violence, both visible and hidden, that still exists against women and called for no reverse gender stereotyping of boys and adolescents. She also praised the importance of notaries as advisors.

Finally, the President closed the Forum with wishes for world peace and the establishment of a new working group within UINL entitled “Women and Men Notaries of the 21st Century for the Development and Protection of Women’s Rights”, which will be responsible for reflecting on ways to achieve de facto gender equality and to make visible and rethink the role of the Notariat in this area.

To watch or replay the webinars of the International Forum on the Role of Women Notaries in the 21st century, please visit the UINL e-learning platform in the coming days.

Conference on “The implementation of the EU Directive n°2019/2121 on cross-border transformations, mergers and divisions

–

On 17 February, the CNUE organised an online conference on “The implementation of the EU Directive n°2019/2121 on cross-border transformations, mergers and divisions”. The aim of the conference was to take stock of the transposition of this directive in the Member States, which have until 31 January 2023 to take the necessary measures.

Notaries from Germany, Belgium, France, Italy, Luxembourg and Czech Republic took part in the two panel discussions, which aimed to review the points still under debate concerning the scope of the directive and the controls on the legality of the operations covered.

Indeed, the Directive provides a general framework for the procedure with specific aspects that must be respected to ensure that the procedures are sufficiently harmonised to guarantee legal certainty, while leaving Member States the possibility to adapt them in their national systems.

According to the Directive, “Member States shall designate the court, notary or other authority or authorities competent to review the legality” of cross-border transactions, both for the parts of the procedure governed by the law of the Member State of departure and for issuing a pre-transaction certificate attesting to the fulfilment of all relevant conditions and the correct completion of all procedures and formalities in the Member State of departure and “for the part of the procedure governed by the law of the Member State of destination and for approving the cross-border transformation/merger/division. On the side of the authority of the country of departure, it will in particular be a question of ensuring the protection of creditors and minority shareholders, whereas the authority of the country of destination will in particular ensure compliance with the provisions of national law on the formation and registration of companies” and, where appropriate, compliance with the arrangements for employee participation.

In some countries, notaries will probably be designated as the competent authority. This is why, by organising this conference, the CNUE wanted to contribute to the current reflections on this subject in view of the necessary implementation of the directive.

“EU L@w for Notaries – Notaries for EU L@w” training seminars kick off

–

The first seminar of the “EU L@w for Notaries – Notaries for EU L@w” training programme was held on Thursday 10 February in Vilnius, under the auspices of the Lithuanian Chamber of Notaries, in partnership with the Estonian, Latvian and Polish notariats. The theme of the seminar was data protection and it addressed aspects such as the European regulation on data protection (“GDPR”), cybercrime, remote authentication of notarial acts or the legal frameworks of the participating countries.

Around ten seminars will be held in the course of 2022, during which European notaries will be able to benefit from training in family and company law, in addition to data protection. At the end of this programme, a learning platform will be launched which will host a number of webinars, e-learning modules and MOOCs on the three topics mentioned.

The calendar of seminars and their programmes are available on the CNUE website.

Publication of the CNUE Annual Report 2021

–

The CNUE has just published its annual report for the year 2021. You will find all the highlights of the past year for the European notariat.

The annual report is available in English and French, and at the following link on the Yumpu platform for a better reading experience: www.notariesofeurope-report.eu

Giampaolo Marcoz becomes the new President of the Notaries of Europe

–

On the occasion of the handover ceremony held in Rome on Tuesday 18 January, the Italian notary Giampaolo Marcoz took office as President of the Council of Notariats of the European Union (CNUE) for the year 2022. He succeeds the Hungarian notary Ádám Tóth and now represents the 22 notariats of the EU and the 45,000 notaries in Europe.

Read the CNUE press release

Read the biography of President Giampaolo Marcoz

The political and legislative issues facing CNUE in 2022 are numerous:

• The digital transition in the field of justice

The European Commission published, on 3 June 2021, a proposal for the revision of the e-IDAS/e-ID Regulation, which aims to provide citizens and businesses with digital wallets, linked to their national digital identities. These wallets will allow to prove personal attributes (driving licence, diplomas, bank account, etc.) and to access online services.

On 1 December 2021, the European Commission adopted several initiatives to digitise the EU’s judicial systems, making them more accessible and efficient.

On these proposals, the CNUE is working together with the European institutions to continue to guarantee the same level of legal certainty in the digital world.

Finally, the CNUE will continue to support notariats in the national implementation of the directives on the incorporation of online companies and on cross-border mobility and will contribute to the European Commission’s future projects on the digitalisation of company law.

• The fight against money laundering

On 20 July 2021, the European Commission presented a package of measures to combat the scourge of money laundering. Notaries are one of the key players in the fight against money laundering. In Europe, as public officers, they are at the centre of legal arrangements for real estate transactions and company deeds, which can be a channel for money laundering operations. Notaries have an obligation to inform the public authorities of any suspicions they may have about a financial operation or transaction. For these reasons, the CNUE will follow with particular interest the legislative process on these measures, one of whose objectives is the establishment of a European anti-money laundering authority.

• Family law

The CNUE will prepare the implementation by the notariat of the Brussels II ter Regulation and will contribute to the reflections undertaken by the European Commission with a view to a new legislative initiative on filiation, announced for 2022. It will also support the need for the European institutions to adopt a European regulation on the mutual recognition of protection schemes for vulnerable adults. In the field of succession, the CNUE will present this year the results of the “MAPE Successions” project, a study on the implementation of Regulation (EU) 650/2012. The evaluation will cover both quantitative and qualitative data (number of successions with cross-border elements each year, number of wills identified abroad, number of European succession certificates, difficulties in applying the Regulation, etc.). The conclusions and recommendations will be presented to the European institutions at a conference in Brussels at the end of 2022.

• Training of notaries

The CNUE thus intends to make its contribution to the European Commission’s 2021-2024 strategy for judicial training, which sets the objective of training 30% of notaries in EU law each year. Throughout the year, the CNUE will hold its “EU L@w for Notaries – Notaries for EU L@w” training programme for European notaries. Combining interactive face-to-face seminars with e-learning, notaries will be able to benefit from training in family law, company law and data protection law.

CNUE Conference on the future of Europe in the field of Justice

–

On 7 December 2021, the CNUE organised an event entitled “Strengthening the rule of law in the face of economic and social change – The Notaries of Europe propose, The Notaries of Europe act“, as part of the Conference on the future of Europe. On this occasion, the CNUE presented its proposals for citizens in the presence of representatives of the European institutions. There are eleven proposals. Among them, the CNUE calls for the principle of preventive justice, which prevails in 22 of the 27 EU Member States, to be taken more into account in European policy-making. The CNUE also puts forward proposals to put an end to double taxation in inheritance matters in Europe, to better protect vulnerable adults or to regulate digital inheritance in order to take into account the online assets of a deceased person. Finally, the CNUE calls on the Member States to set up registers and to interconnect them, for example in the following areas: protection regimes for adults, matrimonial regimes and registered partnerships, European succession certificates, powers of attorney, living wills, etc. In the afternoon, discussions were devoted to the digital projects of European notariats, as well as to the European Commission’s proposals presented on 1 December for the digitisation of cross-border cooperation of judicial systems.

Věra JOUROVA, Vice-President of the European Commission for Values and Transparency:

“Legal professions, such as notaries, play a fundamental role in ensuring the protection of fundamental rights and strengthening the rule of law. An effective judicial system requires that all legal professionals pursue freely their activities in implementing individual rights. You in particular, as notaries, represent a strong legal profession that citizens need in their daily lives when they get married, buy property, deal with inheritance issues, resolve a whole range of important legal issues. You are the face of justice for the citizens.”

Ádám TÓTH, President of the Council of the Notariats of the European Union:

“In Europe, the law is based on the principle of preventive justice and effective regulation of economic operators. In 22 Member States, notaries have been guaranteeing legality for several centuries and have always been able to adapt to societal changes. The notarial function concerns authenticity, truth, security and the preservation of data on which the trust of States and our fellow citizens is based. At a time when forgeries, false information, falsified data, money laundering and cybercrime are on the increase, this truth and security are more than ever essential to society and the rule of law.“

Roberta METSOLA, Vice-President of the European Parliament:

“I admire your resilience and your ability to adapt over the years. I admire your commitment to building a Europe of law and to the European project as a whole. The CNUE is active in the most crucial areas: citizenship, entrepreneurship, access to justice and consumer protection. So I ask you, in this next phase, where we are collectively shaping the future of Europe, to continue to engage with us as you have done in the past. We know that you are engaged with citizens in some of the most important milestones of their lives. That is why we rely heavily on your expertise and insights.”

Gašper DOVŽAN, State Secretary for European Affairs, Slovenia:

“Your contribution to the reflection on how to bring Europe closer to the citizens is highly appreciated. Your experience in working closely with citizens on a daily basis allows you to understand their interests but also their challenges.”

Didier REYNDERS, European Commissioner for Justice: 

“I warmly welcome the long-standing commitment of notaries to support the use of digital tools in their work, whether it is secure communication between notaries and clients, the digitisation of public registers or the creation of the European Directory of Notaries.”

CNUE Futurology Forum

–

On 22 November, the French notariat hosted the CNUE Futurology Forum. Chaired by Mr Tamás Parti, this forum devoted to the future of notarial IT meets once or twice a year.

The session started with a sharing of experiences on dematerialisation in the banking sector. Firstly, the “Banque des territoires” presented how data held by various public and private players could be used for the development of cities. Indeed, as part of a major French national plan to revitalise medium-sized towns (revitalisation of shops, renovation, transformation of buildings), the “Banque des territoires” is financing projects to exploit this data in order to help public decision-makers take the right direction. Then, the “Banque Postale” presented the new online approaches it was offering to its private customers and the impact on its internal organisation.

The participants discussed a future data strategy for the European notariat and the risks of data protection when using artificial intelligence in the notariat. Several notariats in the European Union are setting up or considering setting up projects that will work with artificial intelligence. For example, it may be a question of better analysing the data collected by notaries or of better analysing case law or regulatory texts in order to better advise clients.

Finally, the forum looked at the revision of the European e-IDAS regulation. The participants discussed at length the opportunities offered by the future European digital portfolio. This will be deployed throughout the European Union in a few years’ time. This wallet will be equipped with quality proofs, which will reduce the number of documents or certificates that need to be produced when going through administrative procedures online. In particular, a “family composition” attribute is planned, which is of particular interest to notaries.

Lastly, the participants were interested in the rules on long-term archiving.

6th edition of the Notaries of Europe Open Days

–

On 25 October 2021, within the framework of the European Day of Justice, the notaries of Europe organised the 6th edition of their open days. In 11 countries, information sessions, didactic conferences and free consultations attracted several thousand people, whether they were ordinary citizens, students, retirees or entrepreneurs. They had the opportunity to get information, ask questions about their family and property situation or learn more about the role of the notary and the European and national institutions.

Thus, in Romania, the National Union of Notaries Public and the different regional chambers held consultations, either at the headquarters of the chambers, or through the Zoom platform, or by e-mail or telephone. The topics discussed during the consultations were: the notarial succession procedure, divorce by mutual consent, authentication of documents and legalisation of copies.

In France, a Facebook live was organised with the magazine Challenge. Participants were able to ask questions as diverse as:
> How to make a success of expatriation within the European Union?
> How to buy a property in Europe?
> How to get married in Europe?
> How to prepare for retirement in Europe?

In Spain, a social network campaign was set up to explain how notaries can help citizens in important moments such as buying a house, setting up a business in another EU country or celebrating a wedding.

In Belgium, in the French-speaking part of the country, conferences were held for the general public on the theme “Plan, organise and declare an estate: be informed”. In the Dutch-speaking part of the country, a Facebook live was organised on the subject of successions and donations.

In Croatia, the Croatian notariat decided to dedicate this edition to the theme of legal prevention and the role of notaries in legal security. In this sense, they named this year’s topic “Prevention is better than cure” (in Croatian “Bolje spriječiti nego liječiti”). They prepared a series of informative texts and short videos, published on the Chamber’s Facebook page. They have also prepared a small leaflet on this year’s topic, which will be distributed to clients in notarial offices.

In Italy, the National Council of Notaries and consumer associations held the event “Perché non sia una casa di carta” (Why it is not a paper house) in live streaming > Discover the streaming from Teatro Ghione in Rome. During the afternoon, six updated guides dedicated to the world of housing (Buying under construction, Advance guarantee, Price-value, Auctions, Certified purchase, Informed mortgage) were presented and citizens had the opportunity to interact and ask their questions by chat directly to the professionals present in the room.

Finally, in Lithuania, Slovenia and the Czech Republic, consultations were organised between notaries and citizens by telephone and online.

European Day of Justice – 25 October 2021

–

On 25 October, we will celebrate the European Day of Justice. Organised by the European Commission and the Council of Europe, this symbolic day aims to bring justice closer to the citizens and to inform them about their rights.

Every year, the CNUE joins in these celebrations and its members organise information sessions, educational conferences and free consultations in which several thousand people, whether they are ordinary citizens, students, pensioners or entrepreneurs, take part. They can get information, ask questions about their family and property situation or learn more about the role of the notary and the European and national institutions.

All events organised by European notariats and other legal professions are listed here: https://www.coe.int/en/web/cepej/events/european-day-of-justice

The CNUE participates in the Digital Justice Ministerial Forum

–

On 12 October 2021, at the initiative of Věra Jourová, Vice-President for Values and Transparency, and Didier Reynders, Commissioner for Justice, the European Commission hosted the Digital Justice Ministerial Forum.

Commissioner Reynders opened the event by presenting the EU’s upcoming initiatives on the digitalisation of judicial cooperation, planned as part of the Union’s modernisation efforts and response to the challenges of the pandemic. In December last year, the Commission presented a set of initiatives to modernise the EU’s judicial systems. During the Forum, the Commission also announced the launch of the new version of the European e-Justice portal, which provides practical guidance and a wealth of tools and information in all EU languages to citizens, businesses, the judiciary and legal practitioners on their rights, national laws and court procedures.

During the event, justice ministers and legal professional organisations discussed the digitalisation of national judicial systems and the impact at EU level. CNUE Secretary General Raul Radoi spoke at the session “Overall EU approach to digitalisation/general principles and needs of the legal professions and society”. He was asked, among other things, about the lessons to be learned from the pandemic and about the involvement of legal practitioners in the design of digital solutions in the field of justice.

Raul Radoi recalled the important role played by notaries during the pandemic and their obligation as public officers to ensure the continuity of their services to the population. To this end, practical solutions have been put in place. However, Mr Radoi stressed that one of the conclusions to be drawn from this period was that legal certainty in the digital world should be at the same level as in the “physical world”. He also recalled that notaries had not waited for the pandemic to propose innovative solutions, such as: the authentic act in electronic form, the dematerialisation of registers and their interconnection, the work in progress to broaden the possibilities of transmitting acts in a secure manner between European notaries, the European Notarial Network which allows cross-border cooperation between notaries, the secure transmission of documents between notaries, etc. For this reason, he called on the European Commission to take account of the tools in place in the various Member States by the legal professions and to favour interoperability as a principled approach.

New content for the “Vulnerable People in Europe” website

–

The “Vulnerable people in Europe” website now has a fully updated “adults” section. This website, produced with the support of the European Union and the European Notarial Network, provides citizens with information on protection measures for vulnerable persons in the 22 European countries covered by the CNUE. Available in two languages (English and French), it is divided into two sections: one on protection measures for minors, the other for adults.

The new “adults” section now includes two parts per country:

– One on protection measures for adults who have lost capacity in the country concerned. The question of the adaptation of national laws to the Hague Convention of 13 January 2000 is addressed.

– The other on the possibilities or otherwise of anticipating a future loss of capacity in the country concerned.

Once again, two levels of information are available: one for a non-specialist audience, the other to meet the needs of notaries for precise answers in their daily practice when they find themselves, in particular, in cross-border situations.

The ENN has a new website

–

The European Notarial Network (ENN) has a new website www.enn-rne.eu
New navigation, new graphics, more free and practical resources for all European notaries!

A network of contacts at your service

Joining the ENN means being able to count on the help of a network of contacts covering the countries of the European Union who know the notarial profession. One contact point per country is at your service to provide you with practical information on your cross-border files. Exchanges are entirely electronic via the ENN’s secure online platform.

Communicate between notaries

Notaries using the platform can hold online discussions via secure communication spaces and video conferencing. Notaries can thus create their own professional network.

Practical tools at your disposal

The ENN provides you with bilingual tools to facilitate the exchange of information with your European colleagues in all areas of notarial practice: succession law, family law, company law, etc.

Databases available online

The ENN online platform offers a number of legal databases. Are you looking for information on the documents required by a notary in a foreign country when a citizen is faced with an international succession? Do you want to know what documents are required when a foreign company intends to establish itself or create a subsidiary in a Member State? You will find all the answers on the ENN platform.

How to register?

Registering with the European Notarial Network is very simple. Just go to the home page of the site

> See the ENN website

ENRWA renews its Board of Directors

–

During the ENRWA General Assembly of 10 March 2021, elections were held for the renewal of the Board of Directors by videoconference. Five directors were elected. Meeting on 22 March 2021, the directors elected Mr Octavian ROGOJANU, notary in Romania, as President of the association, then appointed Mr Anne WUILQUOT, notary in Belgium, and Mr Viktor MÁTÉ, notary in Hungary, as Vice-Presidents, Mr Pierre-Luc VOGEL, notary in France, as Treasurer, as well as Mr Sonja KRALJ, notary in Slovenia, as Secretary of the ENRWA.