Back “Notary: a professional at the service of all citizens”, the motto behind the workshop on the development of the new Code of Notary Ethics

“Notary: a professional at the service of all citizens”, the motto behind the workshop on the development of the new Code of Notary Ethics

Notaries are an integral part of the legal order in 22 EU Member States and exist in many Council of Europe members states as well. According to the European Commission for the Efficiency of Justice (CEPEJ) Specific Study on the Legal Professions conducted in 2019 in collaboration with the Council of the Notaries of the EU, the role of notaries is to limit disputes and enhance the preventive administration of justice. In doing so, notaries must carry out their duties in a manner that merits the confidence and respect of the citizens and other users of notarial services.

This has been further underlined during the Workshop for notaries held in Kolasin, on 19 and 20 November 2020. Its purpose was to raise notaries' awareness on notarial ethics and to facilitate the development of the new Code of Notary Ethics. The Workshop was organised in collaboration with the Chamber of Notaries of Montenegro and attended by seven Chamber representatives, including the President and Secretary, as well as notaries from all regions of Montenegro. The Workshop was facilitated by two local Council of Europe consultants - authors of the new Draft Code of Notary Ethics.

During the Workshop, the participants discussed the new Code in its entirety, yet focusing on the most challenging aspects of notarial ethics, such as the promotion of notaries, relationships with third parties, including with banks and investors and (un)loyal competition among notaries. The structure and principles of the original Code adopted in 2011 was improved and aligned with the Deontology rules of the International Union of Notaries and of the Council of the Notariats of the European Union. The Guidelines of the Notaries in Germany (Bundesnotarordnung), as well as the codes of notary ethics from other countries in the region were also taken into account. Based on the participants' insightful comments, the draft of the Code was finalised during the Workshop and will be disseminated to other members of the Notary Chamber.

The workshop was organised under the action “Accountability and professionalism of the judicial system in Montenegro”, which is a part of the joint European Union and Council of Europe Programme “Horizontal Facility for the Western Balkans and Turkey 2019-2022”, implemented by the Council of Europe.

Kolasin 19 - 20 November 2020
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