The news item ‘CCBE warning on threat of notaries’ highlighted what is going on behind the scenes in Brussels (see [2008] Gazette, 4 December, 3).

As vice-president of the Notaries Society of England and Wales, I attended the Forum on Judicial Cooperation in Civil Matters; Debate with National Parliaments in Brussels on 2 December.

The Council of the Notariats of the European Union (CNUE) used this forum to promote legislation to obtain international status and mutual recognition in EU states of Authentic Acts prepared by civil law notaries. The proposals would not give any status or recognition to notarial acts or instruments (Authentic Acts) prepared by common law notaries, let alone deeds or documents prepared by solicitors or barristers.

We also had a meeting in Brussels with CNUE but they appear to be totally unyielding over this issue.

If legislation ensues giving international legal effect and recognition to civil law notaries’ Authentic Acts alone, this will create an even more uneven playing field in Europe and will disadvantage the common law jurisdictions throughout the UK, Ireland and also the Nordic countries.

The Medina Ortega Report on Authentic Acts is now due to be voted on at the plenary session, on 18 December. It is extremely important that we all lobby our MEPs over this issue. Diana Wallis, who is not only a Member of the European Parliament, but also both a solicitor and vice-president of the European Parliament, is doing her best to oppose this proposal. She joined us at our meeting with CNUE. We are very grateful to her for her support.

The civil law notaries enjoy monopolistic status and are determined to retain this. The UK, Ireland and Nordic countries are not part of CNUE.

Our three British legal professions of solicitors, barristers and notaries public cannot afford to ignore what is happening in Brussels any longer.

Anthony Northey Vice-president, Notaries Society of England and Wales