CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ LEGAL STATUS OF THE NOTARIAL PROFESSION AS A SPECIFIC PROFESSION IN EUROPE of checks on internal borders between Member States) are not enforced on Member States so strictly by the Commission. In this respect, it is not entirely clear whether it is truly necessary to submit the notarial profession to the regime of the internal market, the regime of free establishment and perhaps, subsequently, the freedom to provide services or, conversely, whether it is necessary – for the exercise of the internal functions of a State – to facilitate the pursuit of certain professions only by that State’s nationals, as is the case with judges, public prosecutors, police officers, etc. From the point of view of the relationship between the EU and its founders, i.e. the Member States, some of whom are already taking their leave, 46 the Court of Justice should realise the repercussions of its excessive pressure on Member States, and in particular should remember that the true nature of the EU and, hence, the future of the EU remains in the hands of the Masters of the Treaties. As noted by certain authors (Jean-Pierre Colin, who wrote Le gouvernement des juges , 1966 47 ), certain former judges of the Court of Justice, such as Robert Lecourt 48 (the former President of the Court of Justice and author of L’Europe des juges , 1976), and the most vocal critic of exaggerated judicial activism, Hjalte Rasmussen (author of On Law and Policy in the European Court of Justice , 1993), there are numerous issues where extensive interpretation by the Court of Justice could harm hermeneutic understanding within the EU. It could be said that we are witnessing the demonstration of another example of an EU utilitarian interpretation of the founding Treaties that fails to respect the original intentions of their creators, and fails to take into account that certain activities are linked to significant powers and that it is not advisable to subordinate them to classic internal market schemes. Integration should not become frustration and should not foment undesirable disintegration tendencies. Many prescriptive disputes can be resolved by a judicious and reticent interpretation respecting the principle of subsidiarity without undermining the integrity of national functions. In this respect, the protection of Member States’ interests must necessarily be proportionate to the further reinforcement of free movement. We can only conclude that the Court of Justice continues to play the role of arbitrator, a powerhouse of integration, and a careful manipulator of latent aspiration for potestas suprema .

46 On 29 March 2017, the United Kingdom of Great Britain and Northern Ireland activated Article 50 of the Treaty on European Union in order to withdraw from the EU. 47 PETRŮ, I., Metody jazykového výkladu evropského práva , Vydavatelství a nakladatelství Aleš Čeněk s.r.o., Praha 2011. 48 Ibid.

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