91996E1458

WRITTEN QUESTION E-1458/96 by Carlos Robles Piquer (PPE) to the Commission (12 June 1996)

Subject: Free movement of notarial acts

The General Organization of Notaries in the European Union, which recently held a meeting in Madrid, has called for the free movement of notarial acts throughout Europe and greater harmony in the activity of notaries in the EU.

At that meeting the Spanish notaries' leader explained the differences between the free movement of notarial acts and freedom for notaries to practise in Europe. In his opinion the latter is neither possible nor appropriate since notaries, although belonging to a liberal profession, are in the employ of the public authorities and under their countries' sovereignty.

Could the Commission say what the current state is of Community rules on the free movement of notarial acts and what its opinion is regarding the possible restriction which could be created by the free movement of notaries within the European Union, taking into account that the principle of the free movement of liberal professionals throughout the Union should also apply to notaries in so far as they are liberal professionals?

Answer given by Mr Monti on behalf of the Commission (22 July 1996)

The Commission has already taken a position ((In its report on action taken in response to Parliament's own-initiative resolutions for the period from January to September 1994 (SP(95) 3210/3 of 5.10.1995). )) on the free movement of notaries and notarial acts in connection with Parliament's resolution of 18 January 1994 on the state and organization of the profession of notary in the twelve Member States of the Community, which was adopted following Mr Marinho's report.

With regard to the free movement of notarial acts, dialogue is continuing with the General Organization of Notaries in the European Union. The Council is also continuing its work on the 1968 Brussels Convention and on the transmission of acts.

As regards the free movement of notaries, the nationality condition is, as indicated in the above-mentioned position, the main obstacle to free movement. The notarial profession should first unequivocally renounce this condition. Doing so would not be incompatible with its role as a public authority in view of the increasing opening-up of national civil services to nationals of other Member States. In addition, the nationality condition is increasingly anachronistic since, for example, EU nationals have been granted the right to vote and to stand as candidates in municipal elections in other Member States. ((By Council Directive 94/80/EC of 19.12.1994 (OJ L 368, 30.12.1994). )) The high level of qualifications required to take up and pursue the profession can be safeguarded by the compensation measures provided for by Council Directive 89/48/EEC on a general system for the recognition of higher-education diplomas. ((OJ L 19, 24.1.1989. ))