Address by the President of the Constitutional Court Aldis Laviņš at the General Assembly of the Council of the Notaries of the European Union
Aldis Laviņš
President of the Constitutional Court
Address at the General Assembly of the Council of the Notaries of the European Union
30 June 2023
Dear participants of the General Assembly of the Council of the Notaries of the European Union!
Dear colleagues!
First of all, I would like to express my gratitude to the German Federal Chamber of Notaries for the trust shown in the work done by their Latvian colleagues, for holding the general assembly in Riga, and for developing Riga as one of the centers of European legal discourse!
In today’s address, I want to emphasize four points.
First. It is undeniable that Europe has affected the notarial profession. Numerous legal issues with which notaries work on a daily basis are no longer merely a matter of national regulation. Nowadays notaries operate within the international community requiring active international cooperation and dialogue in order to foster the rule of law! Families of notaries from different parts of our continent use the best experience of the countries of the entire European legal space in their joint work because today the rule of law can be guaranteed in the long term, not in isolation, but from a global perspective! Notaries also jointly look at challenges on a pan-European scale, monitoring that transactions prohibited by European Union sanctions do not take place.
Second. Courts and notaries share common duties and responsibilities toward society. One of them is to bring justice closer to every person. The principle of the rule of law imposes on the state the positive obligation to promote a preventive rule of law, alongside the judicial system creating conditions and offering mechanisms for individuals to build safe and predictable legal relations.
In this context, I wish to recall the case law of the Constitutional Court of Latvia, according to which – the notarial certification of real estate transactions guarantees the stability and reliability of land register entries! The immutability of the land registry entry is one of the main principles ensuring an effective civil legal circulation. However, in Latvia, State control over transactions with real estate still is not comprehensive, since all the necessary steps of full notarial authentication are missing – I mean – sales contract, transfer, and registration based on a common request. In the absence of a normatively regulated strict preventive law enforcement system, it can be proportionate that the rights of the original owner to the real estate prevail over the rights of the bona fide acquirer. If full notarial authentication would be introduced, the conclusions about bona fide acquirer protection would probably be different. In order to ensure legal security and create an environment in which citizens trust the law and the state more, it is recommendable to improve the procedure for the involvement of notaries in legal transactions with real estate.
Third point. The work of notaries in Latvia is also remarkable for their effective contribution to reducing the workload of the courts. Our notaries may review cases regarding the undisputed enforcement of obligations, divorce cases upon mutual agreement, and inheritance cases.
And here I also mean those cases when a notary doesn’t fall within the scope of the term “court” in the sense of the jurisprudence of the Court of Justice of the European Union. For example, the rules of the Inheritance Regulation regarding the determination of jurisdiction are not applicable to cases where Latvian notaries who belong to the Latin type notarial system manage a cross-border inheritance case. But this does not diminish the role of notaries in the legal system. In cross-border inheritance cases, the jurisdiction is determined in accordance with national regulations. As well as in another area of private international law, for instance, when dealing with a cross-border divorce case, a notary is still considered a “court”. Therefore, I can claim that notaries are important cooperation partners for the courts.
Fourth point. Through your diligent work, dear notaries, the sense of security and social peace is increasing among the citizens of Europe. Respectful attitude, humility before the rule of law, and every person’s individual problem situation is not a desirability, but our duty!
And that is exactly why I am grateful to the family of notaries of the European Union for their activities on the efficiency of their work using modern technologies! And I am proud that in terms of accessibility in the digital environment, the Latvian notaries are genuinely open to everyone and highly technologically advanced. Back in 2018, Latvian notaries started customer service in video conference mode, becoming the first in Europe. It is a great privilege for the people of Latvia! As we can see from today’s agenda of the General Assembly, notaries are also actively discussing the possibilities of using artificial intelligence in their work and in the country’s legal system as a whole.
I wish the European family of notaries, to continue to grow and raise the standard of protection of citizens’ rights! Together we protect the rights of every person! For so many people you are the closest guarantor of the implementation of fundamental rights!
I wish us fruitful discussions and hope that we will get new opportunities for cooperation, but the time spent in Latvia will be pleasant and unforgettable!