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CONSIGLIO NAZIONALE DEL NOTARIATO

CONSIGLIO NAZIONALE
DEL NOTARIATO

Motion in support of the Italian notariat

17/04/2015

National

Motion in support of the Italian notariat

  • Having taken note of the guidelines of the proposed reform of the Notariat announced by the Italian government;
  • Whereas the proposed reforms, which carry many unevaluated risks, would have negative economic effects, particularly through the reduction in legal certainty, and permanently destabilise a key profession for justice;
  • Whereas preventive justice and legal certainty are public goods;
  • Whereas the announced proposal is a source of weakening of the system for protection currently provided by continental law;

The Presidents of the 22 member notariats of the Council of the Notariats of the European Union (CNUE) solemnly reiterate:

  • That the notariat is not a hindrance to the competitiveness of a State’s economy; that it enables the implementation of preventive justice at no cost to the State and that it participates actively in combating money laundering;
  • That notaries, who confer upon the documents they authenticate a particular force on the State’s behalf, to which enforceability is attached, guarantee legality and above all legal certainty;
  • That, with the status of public office-holder, they embody a public service of conflict prevention, which comes before the public service of dispute resolution, entrusted to the courts;
  • That the calling into question of the founding principles of one of the notariats of reference in the European Union triggers the incomprehension of the European notariats;
  • That the Italian notariat is a modern notariat which is exportable and which participates in spreading Europe’s influence in the world; that it is at the forefront in the use of new technologies and electronic archiving and has contributed to the implementation of many European projects;

For these reasons, the Council of the Notariats of the European Union expresses its full support for the Italian notariat in defending the values shared by the notariats of continental law.

 

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