2nd meeting 2011-2013 held in WARSAW, 26th and 28th May 2011
The Steering Committee has examined the following issues:
- The relations with the Vietnam Notariat, that are now evolving;
- The expert’s assessment made by the International Notarial Cooperation Commission (C.C.N.I.) on the Morocco’s project of a new Notarial Law;
- Attendance and participation at the OHADA colloquium (Organization for the Harmonization of Business Law in Africa) in Kinshasa and the Notaries role;
- Visit to Cuba, underlining the high quality of the issues and of the debates during the meetings of the American Affairs Commission and of the Jurist Cuba Congress, with a meeting with the Minister of Justice, who announced important developments as far as the Notarial role in real estate sales is concerned;
- Meeting in Rome with the President of the Lawyers and Notaries Bar of Saint Marino;
- The Steering Committee has agreed to develop a partnership with the IDLO, empowering the UINL President to sign a memorandum of understanding (signed subsequently in Rome on June 14th 2011);
UINL, CSN and IDLO sign a Partnership Agreement
- Meeting organized by the UINL and by the UN Land and Tenure division, on March 15th and 16th 2011. The UNL Working Group on Partnerships, attended the meeting of the network called GLTN (Global Land Tool Network), who gathers the experts and the organizations who collaborate regularly with UN-HABITAT on this land issues. The meeting was introduced by the President Jean-Paul Decorps on behalf of the UINL. The aim of this network is to form a solid know-how and of methodological devices to face the challenges of the land issues in the developing countries. The UINL is going to continue participating to the GLTN works and meetings, taking part to the elaboration of a model of land file for the developing countries and especially for the poor who live in the cities. Then, the Steering Committee has agreed to integrate UINL into the GLTN network (Global Land Tool Network);
GLTN Partners to Develop a Pro-poor Land ecordation System – UINL meeting, Paris, France, 21 March 2011
- The Steering Committee has charged the Advisory Commission (President G. Laurini) with the task of preparing a project of an internal regulation of ONPI (Permanent Office of Notarial International Exchange) together with the ONPI itself, preparing also a budget proposal;
- The Steering Committee has ratified the proposal of the Themes and Congresses Commission and of the General Council concerning the Themes of the next Lima Congress in 2013: 1st theme : «Notariat Proposals on family and succession law facing the new social relationships » 2nd theme : « Real Estate Market Security: regulatory devices».
1st ordinary session 2011-2013 held in Warsaw on May 27th and 28th 2011
UINL General Council in Warsaw
Opening the session, the Polish Minister of Justice, M. Krzysztof KWIATKOWSKI, stressed how glad he was to meet the world Notaries: «… the decision made to create a new and free Notariat, has been one of the best decisions ever taken by the Polish State during these last twenty years. The cooperation with the Notaries gives us an excellent opportunity to show what we can obtain from a reasonable cooperation. I wish that in every area of our activities, this cooperation with the State from one side and with the other professions from the other, assume the same features and qualities of the cooperation between the Ministry of Justice and the Polish National Board of Notaries. I hope that the decisions taken in our Ministry in the last two years are going to reinforce and sustain your work environment as well as I also think that the relationship between the Notaries and our Ministry are going to improve even more». The Minister informs also that the land register has been wholly computerized in the last year and that this decision has highly enhanced the transactions legal security.
The Minister announced that next month his country is going to assume the EU Presidency. «Into the frame of the priorities chosen we’ve placed the issues related with regulations and rules on facilitating estate transmission by death in the 27 EU countries. This can only be achieved on the basis of the Notarial experience. The solutions that we’re going to adopt will be profitable for all European citizens. I wish to stress that your attendance and your presence in our country is a big honor for us, I came here today to underline that the UINL is highly appreciated by all the Polish government»
Minister of Justice, M. Krzysztof KWIATKOWSKI, M. Lech BORZEMSKI, President of the Polish Notariat and the UINL President, M. Jean-Paul DECORPS
The General Council has afterwards discussed the external theme of “Economic Intelligence” lectured by Mr. Philippe CLERC, President of the Francophone International Association of Economic Intelligence, who suggests that in order to build such future, and in order also to project every development strategy, it is necessary to understand its environment, to identify the stakes that govern them, to decipher them, together with the impact of the huge world changes and upheavals.
The General Council of UINL represents a powerful network, a remarkable community who shares a know-how, and therefore it represents very well, for its knowledge, experience and positions, a bundle of intelligences that can be mobilized in favor of its development strategy.
M. Philippe CLERC, President of the Association Internationale Francophone de l’Intelligence économique
Then, the President of the European Association of Judges of the Union Internationale des Magistrats/ International Association of Judges (UIM), M. Gerhard REISSNER, who wished a growing collaboration between the two organizations, UIM and UINL, who are already working together through their European commissions – on common issues concerning access and education. A joint UINL-UIM conference has been scheduled on May 10th 2012 in Amsterdam about « Judges and Notaries : common challenges ».
M. Gerhard REISSNER, President of the European Association of Judges of the International Association of Judges (IAJ- Union Internationale des Magistrats (UIM)
The General Council has then dealt with the internal issue concerning “The evolution of Notarial competences”, presented and introduced by Pierre Becqué, and reported by Mrs. Roosalem, Mr. Ndiaye and Mr. Diop for Africa, Mr. Arredondo Galván, Mr. Mateo, Mr. Martinez for America, Mrs. Tomala, Mrs. Večerníková and Mr. Tarragón for Europe.
WORKING PLANS OF THE UINL COMMISSIONS
African Affairs Commission – Working Plan 2011-2013
(President Régine Dooh Collins)
- Improvement of the CAAF/AAC operativeness;
- Promotion of the social role of the African Notaries;
- Cooperation with sub – regional and regional institutions
American Affairs Commission – Working Plan 2011-2013
(President Alfonso Zermeño Infante)
- Organizing Notarial conferences;
- Organizing courses, seminars and laboratories;
- Forming a group of specialists in different branches of the law;
- Promoting the use of the Internet ;
- Promoting the communication between the national notarial organizations in order to share the different experiences that are surely going to enrich the points of view of the UINL decision makers; the World Notaries Network should be a useful tool in order to achieve this goal.
M. Alfonso ZERMEÑO INFANTE, CAA President
Asian Affairs Commission – Working Plan 2011- 2013
(President Wang Fujia)
The Asian Affairs Commission (AAC/CAAS) has been created in October 2010. Its members are the Notariats of Japan, Indonesia, China and South Korea. The AAC Presidency shall rotate, and the first shall be allocated to China, the second to Indonesia, the third to Japan. A first Asian Notarial Forum has taken place in Tokyo and the first CAAs plenary session shall be held in Jakarta on 26th September 2011.
European Affairs Commission– Working Plan 2011-2013
(President Mario Miccoli)
The CAE/EAC aspires to represent the European (EU and extra EU) notarial interests. The CAE/EAC gathers 36 countries, 22 from the EU. The principal goal of our commission activities shall be - as in the past - to strengthen the bond of brotherhood between the European notarial organizations, sharing their cultural, scientific and technical experiences, especially of those who belong to the European Union, in order to allow each European notarial organization to enrich its own system. In order to achieve these purposes, close relationships should be kept with all the notarial institutions and with other relevant entities, with the support of our European Notarial Academy. He stresses the importance of the collaboration between UINL and the International Union of Judges, which have common goals, in particular impartiality and independence of judges and notaries, the defense of preventive and successive control, access and training.
International Notarial Co-operation Commission (CCNI) - Working Plan 2011-2013 (President Michel Merlotti)
Following our Statutes and bye-laws, the Commission shall work in order to achieve these purposes:
- favoring the enforcement and development of the fundamental principles of the Latin notarial system;
- giving assistance, whenever requested, to the Notariats, even if they are not UINL members, when their country is about to enact or modify a Notarial law;
- preparing a documented opinion on the request of Notariats to join the UINL.
M. Michel MERLOTTI, CCNI President
Notarial Deontology Commission– Working Plan 2011-2013
(President Juan Ignacio Gomeza Villa)
- Gathering and summarizing in a consolidated text all rules and principles on Notarial deontology enacted and approved by the UINL Congresses since its creation;
- Making an inventory of the Deontology and Discipline Codes and of the Internal Regulations of UINL Notariats;
- Revising and improving the UINL Notarial Deontology Code.
M. Juan Ignacio GOMEZA VILLA, CDN President
Notarial Social Security Commission – Working Plan 2011-2013 Making an inventory and updating the Consolidated texts of legal basis of the Notarial Retirement Funds and of the comparative schemes of retirement allowances; Assisting the Notariats who lack Retirement funds.
(President Manfred Bengel)
Human Rights Commission – Working Plan 2011-2013
(President Nathalie Andrier)
- Continuing the colloquium organized by the HRC with UN/Geneva;
- Issues to deal with: a) economic human rights, envisaging a collaboration with the working group on Titling and access to the land. Into the area of human rights, there are many rights tightly connected to the Notarial function: b) right to education, c) protection of vulnerable persons, d) women rights.
Themes and Congresses Commission- Working Plan 2011-2013
(President Jean-Célestin Zouré)
The TCC has proposed the topics for the Lima Congress (Peru, 2013). Furthermore, the Commission proposes other innovations: a) in the choice of the topic, the TCC wishes to widen the basis addressing itself to the Notariats in order to ask them to propose issues who correspond to their problems, giving a motivation. This will allow to build a data bank making easier our task; b) range of Congress activities; envisaging the possibility of inviting other professions.
International Exchange Notarial Office (ONPI) – Working Plan 2011-2013
(President León Hirsch)
- Publication of the UINL Revue Internationale du Notariat (RIN- International Notarial Magazine);
- Publication of the Bulletin for individual members ;
- Publication of ONPI informa, Bulletin with notarial information ;
- Maintenance and updating of the segment « ONPI » on the UINL internet page.
Titling Working Group - Working Plan 2011-2013
(President Me Abdoulaye Harissou)
- Communicate to the international institutions, to the political authorities and to the public the notarial know-how about titling and land security;
- Promoting the TSS (Titre Sécurisé Simplifié- Simplified Secured Title), which is a property title cheaply, easily and quickly obtainable that will allow the access to the land to everybody, and especially to the mostly disadvantaged, giving a fundamental support to solve a world problem.
M. Abdoulaye HARISSOU, Groupe de travail Titrement
Working Group on Notarial Network and Notarial deeds - Working Plan 2011-2013
(President Franco Salerno Cardillo)
The widespread need to streamline their circulation, the tendency to abolish any form of legalization or apostille, the existence of numerous legislative exceptions might lead to a situation of legal uncertainty. This is why the worldwide Notariat has the duty to offer its contribution, by planning to put in place its own system for the circulation of notarized acts: simple, safe and inexpensive. We will achieve this in three stages: 1) drawing up a sort of list of national regulations on the circulation of foreign authentic acts. 2) developing a system, run by the Notariat, which guarantees the authenticity of the origin of notarized acts and the qualifications of the notaries who have drafted them 3) raising awareness among national and international organizations, especially The Hague Conference, to obtain the regulatory legitimization of this system, so that the latter may produce effects universally and not only in respect of those notariats that have adhered to the protocol.
M. Franco SALERNO-CARDILLO, Groupe de travail Réseau Notarial et actes notariés
Working Group Partnership with International organizations – Working Plan 2011-2013
(President Stéphane ZECEVIC)
- Continuing and developing the existing cooperation with the international organizations;
- Involve the UN agencies, the World Bank, the other international organizations and NGOs in the UINL annual conference promoted by the President Decorps and guided by the Titling working group.