Implementation of the freedom of establishment in relation to the notary profession, with particular emphasis on mutual recognition of professional qualifications

Abstract

The possibility of applying the freedom of establishment to notaries is a complex legal issue due to the characteristics of this profession, mainly considering the connection of EU notaries with the operation of the state apparatus as established in individual member states. Additionally, as it seems, it is an ambiguously regulated area in the field of mutual recognition of professional qualifications. The research problem discussed in this article is a consideration whether, firstly, despite the legal nature of their profession (which, moreover, is not uniform for all member states), notaries as a professional group may exercise the freedom of establishment and, secondly, if in consequence they may be subject to mutual recognition of professional qualifications, and if so — on what legal basis.