Evaluation of Different Aspects and Types of Existing Rules and Regulations of the Notarial Profession in Europe

This project explores several aspects of regulation of the notarial profession in the European member states. It is part of a broad study concerning regulations, their effects on markets and the functions of liberal professions in society.

In order to collect and compile the types of existing rules and regulations of the notarial profession in the European member states, we conduct a mail survey. Topics of the questionnaire were the different aspects of regulation related for instance to the qualification of notaries, compulsory practical training (traineeship), continuing professional development, requirements to practice as a notary, the practice of the notarial profession as a public office, rules of professional conduct and remuneration as well as the extend of taxes to be paid by notaries. Based on the survey results, we will analyse the sources of law and the existing types of rules and regulations in order to get a deeper understanding of the regulation systems of the notarial profession in the European Union.

The Survey:

The questionnaire is addressed to legal experts who are involved in the topic of regulation in notaries’ associations, chambers/councils and state bodies (e.g. ministries). Therefore we contacted persons of public registers (sources: web pages of notaries’ associations, councils, etc.) in every European member state.

Duration of the project:

The project started in April 2013 with the questionnaire design. After pretesting, the questionnaires were dispatched from July 2013 onwards. We intend on presenting preliminary results in 2014.