WRITTEN QUESTION P-2209/00

by Robert Evans (PSE) to the Commission

(26 June 2000)

Subject: Notaries

Is the Commission aware that, in France and Belgium, the practice introduced in the nineteenth century of notaries being able to nominate their children as successors to their post persists? Some of my London constituents wishing to establish in these countries have experienced severe difficulties because of these ancient laws.

The consequences of this tradition are that, in France, over one-third of notaries have a parent who has worked in the notarial field and that, in Belgium, children of notaries receive preferential treatment in selection. This can be seen as a barrier adversely affecting suitably qualified people wishing to become notaries, preventing them from entering the profession and thus enabling competition to be restricted. Does the Commission believe this constitutes an infringement of the provisions for the free movement of persons within the single market?

In addition, only ten per cent of French notaries are women, since the hereditary principle of succession of French notaries applies to male children only. Does the Commission consider this to be an indirect form of discrimination on the grounds of sex?

Answer given by Mr Bolkestein on behalf of the Commission

(17 July 2000)

The appointment of notaries is a matter for the Member States. In Belgium and France, they are appointed by the public authorities. The Commission does not possess any specific information concerning the practice mentioned by the Honourable Member.

The presence of a large number of children of notaries in this profession, as highlighted by the Honourable Member, may be due to the high economic value of these practices. This basic economic fact, which also occurs in other liberal professions, could indeed dissuade people who lack the financial wherewithal to follow notarial studies from putting themselves forward for appointment as notaries. It should be pointed out in this respect that the EC Treaty in no way prejudices the rules governing the system of property ownership in Member States (Article 295 (ex Article 222)). This economic obstacle does not constitute a measure which is contrary to Articles 43 or 49 (ex Articles 52 and 59) of the EC Treaty. According to the information available to the Commission, the appointment of notaries is carried out in accordance with objective rules which focus particularly on the requirement for professional qualifications.

As to whether there is discrimination on the grounds of sex due to the existence of a hereditary law in France for succession to the profession of notary which applies to male descendants only, the Commission intends to raise this matter with the French authorities in order to clarify the issue. This may well be a case of direct discrimination, which is prohibited by Community law, and in particular by Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood(1) and Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(2).

(1) OJ L 359, 19.12.1986.

(2) OJ L 39, 14.2.1976.