A backdoor bid by continental notaries to beat off the threat of competition is meeting fierce resistance from lawyers across Europe. At its plenary session in Brussels last weekend, the Council of Bars and Law Societies of Europe (CCBE) abandoned its historically neutral position on the notarial profession to pass a resolution outlining its concerns.

The CCBE stressed that the European Commission wants lawyers to compete with continental notaries in their own markets. However, a report from the European Parliament’s Legal Affairs Committee has recommended that the commission legislate to introduce a common system for the mutual recognition and enforcement of so-called ‘authentic acts’. These are instruments used by continental notaries, such as certificates of inheritance. The report will be submitted to the Parliament on 15 December.

Richard Frimston, a partner at London law firm Russell-Cooke and an expert in the area, explained: ‘Notaries feel under threat from the EU over the whittling away of their monopoly. Their reaction is to say "instead of allowing free movement of notaries you should instead allow free movement of so-called authentic acts". This disadvantages common law jurisdictions where we do not have the concept of an authentic act. We have a deed.

‘If this proposal went through you’re creating a fortress of civil law notaries, who can make documents within their own jurisdiction which then have to be recognised throughout the EU. We can’t make documents which are then recognised in their country – it’s not a level playing field.’

Calling for more research before any EU-wide legislation is drafted, the CCBE stressed that EU citizens should not suffer any discrimination in cross-border legal actions. The UK law societies, meanwhile, have written separately to MEPs calling on the Parliament to table an alternative resolution that takes into account deeds and other equivalent documents.