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Notaries exercise their function by delegation on behalf of the State which appoints them and grants them the status of public office holders. The notarial system is therefore an integral part of the organisation of preventive justice in each Member State and it is the sole responsibility of the national legislators to regulate this field of activity and to ensure the proper functioning and quality of the public service.

This is why, in view of its specific features, the European legislator was keen to exclude the notarial function from the scope of the Directive on professional qualifications, the Directive on the freedom to provide services and the Directive on the proportionality test for new regulations introduced by the Member States.

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