Maitre Cosita Delvaux, outgoing President of the Council of the Notariats of the European Union,
Notary Dr Roland Wadge, incoming President of the Council of the Notariats of the European Union,
Distinguished guests,
I greatly appreciate the invitation to preside over this handover ceremony.
Following last year’s Presidency by the Luxembourg Notariat, the Presidency of the Council of Notariats of the European Union, for this year 2026 is to be entrusted to the Notarial council of Malta.
It is significant that Luxembourg and Malta, two of the European Union’s smallest European States are passing the presidential baton to each other. It exemplifies the fact, particularly relevant in the sphere of notarial activities, that precision, expertise and legal sophistication matter regardless of size.
It is also recognition of the esteem in which these two states, Luxembourg and Malta, are held by the other members of the Council of the Notariats of the European Union.
The notary’s profession is very onerous. Notaries are not mere administrators of transactions, they are guardians of authenticity, and above all provide legal certainty and security.
As citizens and businesses avail themselves of the cardinal principle of free movement of persons, services, good and capital at the root of the European Union ethos as originally envisaged, there arises the need that legal acts are recognised, rights are protected and that documents executed in one state are accepted as valid and genuine in another state.
This pinpoints a situation where the role of the notary has acquired an importance that transcends national borders. Stability, should be a given, it is at the root of certainty in commercial and personal dealings; it necessitates harmonisation of rules and standards; it is also one of the foundation stones of mutually shared and reciprocal recognition.
The Council of the Notariats of the European Union, representing 22 European states and approximately 50,000 notaries across the continent is the organisation best equipped to satisfy these basic requirements and ensure smooth flow of commerce, facilitating full fruition by EU Citizens of the opportunities offered by European Union membership.
Institutionally, the Council embodies a significant truth: despite the diverse legal systems and traditions, it recognizes that the notarial profession is essential for citizen protection and social stability, and this pervades all spheres of activity.
In effect, this present era of rapid technological change, increasing cross border mobility and digital transformation, has resulted in making the notary’s role more central to the smooth operation of all activities.
This makes the council of Notariats of the European Union an indispensable tool for the achievement of the European Union’s aims. Its input and intervention cannot be underestimated, and I quote just one instance, namely the implementation of EU regulation 650/2012 facilitating among other benefits the creation of a European Certification of Succession, which greatly facilitates inheritance procedures. Obviously, there are other fields where uniformity of regulations and procedures once established will continue to ease hurdles encountered. Harmonisation is key and essential for maximum achievements.
Malta brings to the Presidency of the Council of Notariats of the European Union its unique legal system – a national legal framework that blends common law and civil law traditions.
Our notarial profession is rooted in civil law principles with Roman and Napoleonic roots. This is particularly true of the laws dealing with Person and Property, predominantly enunciated in the Maltese Civil Code. We have preserved the Roman Law values of authenticity, certainty and preventive justice, whilst centuries of practice have honed the discipline and discerning qualities at the root of progressive examination of title deeds and documentation of proprietorial evidence.
This apart, our legal system has also benefited from Malta’s history of colonialism by the British. Our laws incorporate elements which underlie the common law system, especially in the realms of public, administrative, and corporate law.
I am confident that Malta’s presidency of the Council of Notariats of the European Union shall result in benefits to all European citizens and shall contribute to the cohesion needed across borders to strengthen the concept of European citizenship and foster a sense of belonging amongst the different populations of European Union States.
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