THE NATIONAL UNION OF NOTARIES PUBLIC FROM ROMANIA


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Us, notaries of Europe

   

Us, notaries of Europe


        COMMITMENT AND ACTIONS OF C.N.U.E. IN BUILDING THE EUROPE OF LAW


    Familial, patrimonial and professional life of users is increasingly enrolled in the European and global framework, where the need for legal security is expressed with a new requirement.

    C.N.U.E. is continuously analyzing the needs and expectations of citizens and corporations in order to precisely define its priorities and commitments, with the aim to build a Europe of law that guarantees the legal security of citizens and corporations.


    Therefore:

    C.N.U.E. aims at the free movement of the authentic deed in Europe in order to promote the legal certainty of citizens and corporations:

    In Europe, the power assigned to notaries to confer authenticity to the entire content of a deed allows the creation of a legal instrument specifically effective and safe.

    The authentic deed allows a non-contentious and preventive jurisdiction regarding conflicts.

    He bringsthe best security and the best protection to the citizen in his private life documents and to corporations in the documents related to their activity. It is therefore an indispensable legal certainty instrument for the familial, patrimonial and business society. The authentic deed is negotiated and drawn up by the notary under his liability, in a spirit of balance of interests of stakeholders and in perfect accordance with the law.

    Moreover, the authentic deed is a modern instrument of the European area of freedom, security and justice, as it conciliates the freedom – the basis of economic efficiency - security – the essential component of social harmony – and preventive justice - that meet the consumer needs and the demands of contractual relations.

    This is the reason why C.N.U.E. undertakes so that the authentic deed received in a State has the same force in all European countries, i.e. the one that binds to the documents of public authority issued under the seal of the State.

    In this spirit, C.N.U.E. made several proposals to the EU institutions and to our States, especially in order to facilitate the movement of notarial deeds within the European Union..


    C.N.U.E. creates a notarial network, serving the European citizen, of corporations and territorial collectivities:

    C.N.U.E. coordinates the positions of Notariats and proposes solutions to the EU institutions in order to facilitate the movement of documents and the cooperation between European notaries;
    Cross boarder trainerships and meeting between notaries from different countries are organized on a regular basis, in order to allow the (future) European notaries to know each other better, to facilitate the cross-border cooperation and to allow a good European integration of the profession.


    C.N.U.E. creates a European network of Registers of Wills:

    In January 2001, C.N.U.E. decided thatfiles of existing wills will be interconnected, in order to identify and to locate the last will made by an European citizen under the best terms; this interconnection is by now already successfully implemented in Belgian and French testamentary files.


    C.N.U.E. facilitates the deployment of cross-border transactions:

    C.N.U.E adopted in 1995 a common code of deontology applicable to all European notaries, which sets out the rules of conduct between notaries in order to promote their cooperation in the European Union. This code of deontology has been completed in March 2000 and in November 2002, to better respond to the challenge of combating cross-border criminality and to create and use new technologies.

    In terms of new technology, C.N.U.E. addressed in 2001 to the Member States proposals on the use of electronics in the notarial activity. .

    They aim to define the principles for the use of electronic signatures by notaries, according to the highest demands of security, and to apply electronic exchanges to accelerate the regulation of formalities, with the aim to improve the service brought to the citizen.

    In order to facilitate the drafting of cross-border conventions in terms of company, C.N.U.E. established a multilingual form of attestation certifying the information contained in the extracts of public registers of trading companies and individual traders, which they make available to all users at no charge.


    C.N.U.E. informs the public about the Europe of law:

    For this purpose, it published a paper called: "Europe of law" that regroups an important number of articles written by the personalities of the European institutions and of the political and notarial world.


    C.N.U.E. trains up legal practitioners in the EU law:

    In 2003, C.N.U.E. organized: "The European Forum of young notaries” bringing together more than a hundred newly appointed notaries from all countries of the European Union and from applicant countries. Pluri-national teams presented their report on the current European legal issues that have been the subject of a passionate debate; high interventions of European institutions presented their vision of Europe.

    In 2004, C.N.U.E. carried out a training program on EU law for the notaries and magistrates of the European Union, called Formanote.

    This program had the purpose to improve the knowledge and the use of the EU instruments in the field of civil judicial cooperation and of European Private International Law. Co-financed by the European Commission, it allowed the formation of about 1,000 legal practitioners.

    15 countries of the European Union participated in the Formanote program. The seminars took place in 9 countries (Germany, Austria, Belgium, Spain, France, Greece, Italy, Netherlands and Poland) and participants from 6 other countries (Estonia, Hungary, Luxembourg, Portugal, Czech Republic and Slovenia) were received at a seminar in a neighboring country.


    C.N.U.E. invested in mediation:

    C.N.U.E. attended a small group settled by the European Commission to draw up the code of conduct for mediation.

    This code officially launched during a hearing on 2 of July 2004, declares a certain number of principles to which individual mediators can subscribe individually, on their own responsibility. It is intended to apply to all types of mediation in civil and commercial matters.


    C.N.U.E. attends the elaboration of a European mortgage law:

    C.N.U.E. attended the "Forum Group" in mortgage law, whose final report came out in 2004. This group of experts was created in March 2003 by the European Commission with the aim to identify the obstacles for the European market on mortgage law.
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