The German CNUE Presidency 2023

In 2023, the German notariat held the CNUE presidency. Dr Peter Stelmaszczyk, notary in Burscheid and former director of the Brussels office of the German Federal Chamber of Notaries served as the president. The German presidency was carried out in close cooperation with the Council of Sworn Notaries of Latvia, which had the right by rota to nominate the CNUE president. This shows the close bond and friendship between the two notariats.

As the presidential term preceding the 2024 European elections, 2023 was characterised by the intensive work on many important political dossiers. Accordingly, President Dr Peter Stelmaszczyk pronounced the following as his presidential priorities: the fight against money laundering, the digitalisation of company law, the protection of adults and the reconstruction of the Ukrainian notariat. A particular highlight of the 2023 presidency was the CNUE`s 30th anniversary, which was celebrated with a ceremony in Brussels that was attended by representatives of the European institutions and the member notariats.

Fight against money laundering

Notarial professional organisations such as the German Federal Chamber of Notaries and the CNUE have always emphasised the importance and significance of effectively combating money laundering and also the contribution that notaries themselves can make in this context. At the same time, adopting a risk-based approach is a fundamental prerequisite for a targeted and effective fight against financial crime, as this is the only way to ensure the best possible and most efficient use of resources. For this reason, the European notariat has repeatedly advocated in favour of implementing the practice-oriented risk-based approach in the course of the legislative process.

In order to ensure a continuous education and training programme for notaries in this area with regard to the changes brought about by the EU money laundering package, in particular the Single Rulebook, the European Commission approved last year specific funds. These will be used to support the expansion of the already existing CNUE e-learning platform with regard to the new anti-money laundering rules.

Digitalisation of company law

In March 2023, the European Commission published a proposal to further expand and upgrade the use of digital tools and processes in company law, the so-called Digital Tools Directive 2.0. Building on the first Digital Tools Directive, which introduced online notarial procedures for the formation of limited liability companies, this legislative proposal aims to simplify the cross-border use of certain register data. Its core elements are the creation of an EU Company Certificate and a digital EU power of attorney. As a prerequisite for the cross-border use of register data, the proposal provides for a public preventive control by courts, administrative authorities or notaries.

To shed more light on this important legislative proposal for notaries, the CNUE organised a conference on “Digitalisation and Company Law” in Brussels in September 2023. Ralf Sauer, Deputy Head of the Company Law Unit at the European Commission, and Ms Maria-Manuel Leitão-Marques, Member of the European Parliament and shadow rapporteur of the S&D Group for the proposed directive, among others, discussed the new legislative proposal. Mr Andreas Schwab, Member of the European Parliament and EPP Coordinator of the Committee on the Internal Market and Consumer Protection, notary Prof Dr Jens Bormann, President of the German Federal Chamber of Notaries, Ms Simona Constantin, Deputy Head of Cabinet of the Vice-President of the European Commission Věra Jourová, among other experts from the field, discussed the opportunities and challenges of digitalisation in general in the joint panel.

Protection of adults

The Commission published its legislative package on the protection of adults in May 2023. It consists of a proposal for a regulation and a proposal for a Council decision. On the occasion of the European Day of Justice on 25 October 2023, these proposals were the focus of the conference on the protection of adults that was organised by the CNUE together with Greek MEP Stelios Kympouropoulos in the European Parliament. International experts and representatives of the European institutions reported during the conference that there is currently no uniform EU legal framework on the competences of courts, the applicable law and the recognition of decisions concerning the personal and financial affairs of adults in need of support in cross-border situations. The introduction of a harmonised regulatory framework would be a  decisive step towards a more accessible and inclusive Europe.

Reconstruction of the Ukrainian notariat

Shortly after the Russian invasion of Ukraine in February 2022, the CNUE assured its Ukrainian colleagues of its support by welcoming Ukraine as a CNUE observer member and by developing, among others, a handbook and information sheet on Ukrainian law. Building on this, notary Dr Peter Stelmaszczyk continued the work of the CNUE in 2023 in this context: In an exchange with representatives of the European institutions, he discussed the various possibilities for notaries to provide support. This was done on the one hand with a view to the planned “Claims Register”, in which war damages are to be entered so that reparation claims can be validated in the future. On the other hand, this dialogue focused also on maintaining or rebuilding the rule of law in particular by securing a functioning preventive administration of justice. These were also two of the major topics discussed with MEP Michael Gahler, the European Parliament’s rapporteur for the Ukraine Facility, as part of the celebrations to mark the 30th anniversary of the CNUE.

30 years of CNUE

It was not only the political events that shaped the German CNUE presidency of 2023. The CNUE also celebrated its 30th anniversary, which provided an opportunity to take a look at the achievements of the past decades. One of these is the European Network of Registers of Wills Association, which was founded in 2005. This network simplifies the search for testamentary dispositions. Two years later, the CNUE established the European Notarial Network (ENN), enabling notaries to exchange information about legal issues across borders. However, the focus of the festivities was not only on the past, but also on the future. The Director General of the Directorate-General for Justice and Consumers, Ana Gallego Torres, discussed, among others, the opportunities and challenges of digitalisation.

About the author

Monika Pickard is a notary candidate in the district of the Koblenz Chamber of Notaries and works as a legal advisor in the Brussels office of the German Federal Chamber of Notaries.