‘Foreign’ notaries welcome

One of Malta’s oldest professions – the notary – is no longer restricted to Maltese citizens as the law has been changed in the wake of a ruling by the European Court of Justice.

The ECJ last year called on Malta and other EU member states to open up the notary practice to all European citizens as was the case in almost all the other professions.

The European Commission has now closed infringement proceedings against Malta. Similar proceedings against Germany, France and Austria were closed in February. Belgium and Luxembourg also changed their laws in view of the ECJ judgement.

Before the changes were made, Malta’s law only allowed Maltese citizens to practise the notarial profession on the island. Such practie was deemed discriminatory by the ECJ.

Originally, Malta resisted the change, arguing that “the profession of notary is established in the public interest and that the exercise of its functions constitutes the exercise of official authority”.

The Commission maintained that the restriction to have just Maltese notaries amounted to discrimination on the basis of nationality, something outlawed by the EU Treaty.

When the issue was taken to the ECJ, the court agreed with the Commission’s stand.

The ECJ ruled that the work of notaries was not covered by the exceptions to the right of establishment in relation to the exercise of official authority.

Consequently, the nationality condition for access to the notarial profession constituted discrimination on the grounds of nationality, which was prohibited.

Although as a result of the ECJ decision any EU citizens can practically perform notary duties in Malta, they will still need to be conversant with Maltese law.

In addition, most of the deeds drawn up by notaries in Malta are written in the Maltese language. Thus, any “foreign” notaries deciding to practise in Malta would require a good knowledge of the language.