Archive for the ‘Notaries & Europe’ Category


CNUE Replies to my open letter

The President of the CNUE has replied to my open letter to CNUE. However, the reply actually only says that they are unable to reply, as their status prevents them giving legal consultations.
This is of course nonsense, and I have replied as set out below.
I attach PDFs of their email back and letter and my [...]


The situation in France

France is the very heart of the modern European notarial tradition. It was France and Napoleon who exported the French legal system, which, with many variations here and there, forms the backbone of many European legal codes.
The notaire is a key person, but he does not exercise official authority. France’s highest court knows that, as does [...]


The situation in Italy (La situazione in Italia)

A seguito del mio ricorso alla Commissione Europea sulle restrizioni di cittadinanza, tre paesi hanno deciso di abbandonarle: Spagna, Italia e Portogallo.
Ho inoltrato una richiesta in Italia per praticare in qualità di notaio inglese e con l’intenzione di diventare notaio italiano in futuro.
Desidero praticare come notaio inglese senza dover sostenere ulteriori esami, dando consulenza sul [...]


The situation in Germany and Austria

I applied to Germany and Austria to work as an English notary and with the intent to later become a German or Austrian notary under Directive 89/48. As is usual with such staunch supporters of Europe, they have refused.
Click below to view the correspondence in .pdf format (links will open in a new window):
Application to [...]


The situation in Spain

Following my complaint to the Commission about the nationality restriction, three countries decided to abandon it. These were Spain, Italy and Portugal.
I applied to both Spain and Italy to work both as an English Notary and with the aim of becoming a Spanish notary at a later date.
I intend practising as an English notary without [...]


The UK government

The UK government appears to be entirely ineffectual in this matter. I have asked repeatedly for it to take action, as it can under the Treaty, either by suing just one of the offending countries direct or by supporting legal action by notaries from England. Indeed it could also help by allowing the use of [...]


Request for action on nationality barriers for Notaries within the EU

Notaries are not much in the news, but should be. They are the most dominant legal profession in continental Europe, with monopolies in key areas, such as the transfer of property.

However, they not only do not feature much in the media, but have managed to escape inclusion in any European legislation that might threaten them [...]


Open letter to Clarisse Martin, Director of the Conference of the Notariats of the European Union (CNUE)

To view the open letter to Clarisse Martin, CNUE in pdf format (file will open in a new window).

KOBER-SMITH & ASSOCIATES
NOTARY PUBLIC
6 CARLOS PLACE LONDON W1K 3AP
TELEPHONE: 020 7499 2605 FAX: 020 7907 9939
E-MAIL: notary@notarypublicinlondon.com
WEBSITE: www.notarypublicinlondon.com
14th October 2006
Ms Clarisse Martin,
Director, CNUE
Email:info@cnue.be
Dear Ms Martin,
Notaries - A quick way to resolve the dispute over nationality barriers
I was [...]


A challenge to CNUE and continental notaries

Brussels Press Release: Commission issues a Reasoned Opinion to Member States on the nationality condition.  Brussels insists this condition is dropped.
My solution for solving the matter quickly and with as little expense to the taxpayer as possible - an open letter to CNUE .


Should Notaries be exempt from the provisions of the draft Mutual Recognition of Qualifications Directive?

Background
A proposal has been tabled by Mr Stefano Zappala, MEP, to exempt notaries from the provisions of this draft Directive. The reasons he has given for this proposed exemption, I understand, are that he argues that:
1. Notaries are exempt from the provisions of the EU Treaties with regard to free movement of persons due to Article 45 of the EU Treaty, which specifies that these rights shall not apply to those who exercise ”official authority.”
2. A recent case about Spanish [...]