CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ LEGAL STATUS OF THE NOTARIAL PROFESSION AS A SPECIFIC PROFESSION IN EUROPE discriminatory and in the public interest. 33 As for the freedom to provide services, exemptions from restrictions can be split into five categories: a) general exemptions legitimised by the State’s public security, public policy and health; 34 b) exemptions pursuant to Articles 58, 91, 100 and 106 of the Treaty on the Functioning of the European Union; c) “mandatory” requirements; d) State service-related monopolies; The Commission, boosted by a compliant ruling of the Court of Justice, called on other Member States, in the EU-Pilot system 36 (flexible, relatively informal proceedings, and a cooperation mechanism), to adopt measures in order to comply with the Court’s judgments on the removal of the requirement of nationality in order to pursue a notarial profession. Certain countries, such as Spain, Estonia and Italy, had dropped the requirement of nationality before judicial proceedings could be initiated; Lithuania andMalta abandoned this requirement after infringement procedure had been commenced. With certain countries maintaining their stance, the Commission initiated a further series of infringement procedures, specifically against Latvia (C-151/2014), which ended in the same way as with the previous seven countries, and Hungary (C-392/2015), analysed below; both of these countries were supported by the Czech Republic. 37 The bringing of an action against the Czech Republic was notified in February 2016, though it was not served until 14 November 2016 (C-575/16). The government commissioner’s office is drawing up a statement of defence, which will be followed by infringement procedure before the European Court of Justice. 38 The Czech Republic’s unabating arguments justifying its staunch position that the notarial profession is connected with the exercise of official authority (based, among other things, on the opinion of the International Commission and Presidium of the Notarial Chamber of the Czech Republic 39 ) include: (a) the fact that rules on the notarial profession have not been harmonised at EU level: – the application of an exemption under Article 51 of the Treaty on the Functioning of the European Union to the notarial profession must be assessed on a case-by-case basis for each Member State; 33 Judgment of the Court of Justice in C-33/94 van Binsbergen . 34 Articles 51 and 52 of the Treaty on the Functioning of the European Union. 35 SVOBODA, P., Úvod do evropského práva . Fifth edition. Praha: C. H. Beck, 2013. Beckovy mezioborové učebnice, p. 300. 36 http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/eu_pilot/index_en.htm. 37 Romania, Slovakia, Slovenia and Poland are at the reasoned-opinion stage. 38 The infringement procedure may, but need not, include another round of document exchange (a reply and a rejoinder). After this, an oral hearing may, but need not, be ordered. Subsequently, the advocate general will issue an opinion (unless a decision is taken in the case without an opinion). Finally, a judgment will be handed down. 39 Notarial Chamber of the Czech Republic. e) transitional restrictions under accession treaties with the EU. 35 Commission infringement procedure against the Czech Republic

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