I write in connection with the European Court of Justice decision of 24 May relating to notaries.

The decision states that Belgium, France, Luxembourg, Germany, Austria and Greece breached the law by attempting to reserve access to their countries’ notarial professions to their own nationals.

This decision has illustrated how the notarial profession of England and Wales is in many ways well ahead of the profession in mainland European civil law countries in having no such restriction.

The notarial profession of England and Wales is the smallest of the three branches of the legal profession, but the oldest one, tracing its roots to the Roman occupation.

Notaries have been continuously appointed by the same legal authority in England and Wales since the 13th century.

Although most notaries in England and Wales are also solicitors, about 180 are notaries only.

There are also approximately 30 scrivener notaries, who practise in the City of London.

Some commentaries have indicated that solicitors will now be able to practise as notaries in other parts of Europe automatically as a result of the decision.

This would not appear to be the case.

It must be borne in mind that it will be necessary for an English/Welsh notary or an English/Welsh solicitor to qualify as a notary in the relevant country where they wish to practise.

They will also, of course, need a good working knowledge of the language of that country.

Foreign and British nationals who wish to qualify as notaries in England and Wales have to pass examinations in certain legal subjects and pass the postgraduate diploma in notarial practice, Roman law and conflicts of laws.

Whether there will in future be some form of ‘passporting’ of legal qualifications for notaries between different EU countries is a different matter.

Finally, I would mention in my role as president of the Notaries Society that the notarial profession continues to welcome new applicants from the solicitors’ profession.

The open day held in London earlier this year to publicise the notarial profession and how to qualify had an excellent turnout.

The delegates were, for the most part, qualified solicitors.

It is anticipated that further open days will be held towards the end of this year both in London and in the north of England.

These will again be advertised in the Gazette.

Anthony W Northey, president, The Notaries Society