A word from the CNUE's President 2007

Justice must work well in the European internal market. Civil law notaries play an essential role in ensuring legal peace in 21 of the 27 EU Member States. Indeed, proper administration of justice is one of the main objectives of the democratic states based on the rule of law. Organising justice administration is a matter of national sovereignty. Consequently, the 21 Member States familiar with the Latin-type notariat call for regulatory powers for them in this area.

The Council of the Notariats of the European Union (CNUE) represents the profession of notaries falling within the Latin tradition of civil law and practising within civil law legal systems. The law invests these civil law notaries with the authority to advise citizens and enterprises on legal matters and to provide a trustworthy service when drawing up their agreements in authentic form.

Notarial authentication comes under the State's official authority. It does not only concern the formal external appearance, but also the content of the act, corresponding to the parties' wishes. Giving advice and drawing up the contract are inextricably linked. Consequently, the notarised document is enforceable across the EU in the same way as a judicial document.

Professions such as that of civil law notary must benefit from institutional security so citizens and enterprises have confidence in them. This is why certain rules need to be imposed on civil law notaries to provide guarantees in the pursuit of their activities. Access to the profession is therefore subject to certain conditions. Civil law notaries' specific status provides the basis for the independent and impartial pursuit of their activities.

Given this conception of the profession, the Council of the Notariats of the European Union participates actively in discussions at EU level. In this context, developing the European legal area in civil and commercial matters, guaranteeing legal peace and enhancing the 'legal security' factor for Europe as a location for companies is one of its main objectives.

A competitive economy needs well-established legal framework conditions. The economy and justice system should ensure citizens' wellbeing. Civil law notaries practising in 21 EU Member States want to make their contribution to this in Austria, Bulgaria, Belgium, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain.

Klaus Woschnak
President

German version

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